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Tracking Cases of
Gender-Based Violence
in Nepal:
Individual, institutional, legal and policy analyses
2013
This report provides the result of a study undertaken by the University College London (UCL)
in partnership with the Centre for Research on Environment, Health and Population Activities
(CREHPA). The overall purpose of this study was to map women’s experiences of seeking care,
support and redress when they have been the victims of Gender-Based Violence (GBV), and
thereby to identify barriers and opportunities to both women’s care seeking, and to improving
the policy and programmatic environment.
Disclaimer
This report was prepared by the University College London in partnership with the Centre for
Research on Environmental Health and Population Activities. The study was supported with UK
aid from the UK Government and UNFPA, United Nations Population Fund, and United Nations
Entity for Gender Equality and the Empowerment of Women (UN Women). The opinions
expressed in the report are those of the authors and do not necessarily reflect those of the
development partners.
Note
The designation employed and the presentation of the material in this publication do not
imply the expression of any opinion whatsoever on the part of UNFPA, UN Women and UK aid
concerning the legal status of any country, territory, city or area or of its authorities, or concerning
the delimitation of its frontiers or boundaries.
Acknowledgements
We are grateful to the University College London (UCL) and the Centre for Research on
Environment Health and Population Activities (CREHPA) for conducting this study. We are most
grateful to Honorable Ms. Sheikh Chand Tara, Chair National Women’s Commission (NWC) and
Honorable Ms. Mohna Ansari, Member, NWC for their guidance throughout the study as Chair
of the National Advisory Committee. We express our sincere gratitude to other members of
the Advisory Committee: Dr. Karuna Onta (DFID), Mr. Bharat Raj Sharma (MWCSW), Mr. Ratna
Kaji Shrestha (International Court of Jurists), Ms. Pinky Singh Rana (Saathi), Ms. Pratisha Dewan
(UNICEF), and Mr. Sabin Shrestha (Forum for Women, Law and Development) for their technical
support. We acknowledge the support of Ms. Renuka Gurung (Former Staff of ESP/DFID), Ms.
Sudha Pant, Ms. Upama Malla, (UNFPA) and Ms. Purna Shrestha (Former staff of UN Women) for
coordinating and providing technical support to the study. We acknowledge the contribution of
Ms. Kiran Bhatia (UNFPA, Asia Pacific Region) for technical review and feedback. We thank Mr.
Durga Khatiwada and Ms. Nerine Guinee (UN Women) and Mr. Ganesh Chaulagain (Former Staff
of UNFPA) for their input to the draft report.
We appreciate the support of the national and district stakeholders to the study team. Most
importantly we acknowledge the support of the GBV survivors who shared their personal
experience in this study, without which the study would not be complete.
UNFPA - because everyone counts
Tracking Cases of
Gender-Based Violence
in Nepal:
Individual, institutional, legal and policy analyses
Contributing Authors
Dr. Sarah Hawkes
Dr. Mahesh Puri
Ms. Romi Giri
Ms. Binu Lama
Dr. Trilochan Upreti
Ms. Shaibalini Khadka
Ms. Hira Dahal
Ms. Bobby Shakya
ABBREVIATIONS
	 CDO	 Chief District Officer
	 CEDAW	 Committee on the Elimination of Discrimination against Women
	 CREHPA	 Centre for Research on Environment Health and Population Activities
	 DAW	 Discrimination Against Women
	 DAO	 District Administration Office
	 DDC	 District Development Committee
	 DFID	 Department for International Development
	 DPHO	 District Public Health Office/ Officer
	 DRG	 District Resource Group
	 DVAW	 Discrimination and Violence Against Women
	 ESP	 Enabling State Programme
	 FIR	 First Information Report
	 FWLD	 Forum for Women Law and Development
	 GBV	 Gender Based Violence
	 GBVIMS	 Gender Bases Violence Information Management System
	 GECU	 Gender Empowerment and Coordination Unit
	 GRR	 Gender Role and Rights
	 HMIS	 Health Management Information System
	 ICJ	 International Commission of Jurists
	 IDI	 In-depth Interview
	 LDO	 Local Development Officer
	 MoHP	 Ministry of Health and Population
	 MWCSW	 Ministry of Women, Children and Social Welfare
	 NAC	 National Advisory Committee
	 NDHS	 Nepal Demographic and Health Survey
	 NGO	 Non-governmental Organization
	 NPA	 National Plan of Action
	 NWC	 National Woman Commission
	 OPMCM	 Office of Prime Minister and Council of Minister
	 SLC	 School Leaving Certificate
	 UCL	 University College London
	 UNICEF	 United Nations International Children's Emergency Fund
	 UNFPA	 United Nations Population Fund
	 UN Women	 United National Entity for Gender Equality and the Empowerment of Women
	 VAWG	 Violence Against Women and Girls
	 VDC	 Village Development Committee
	 WCDO	 Women and Children Development Office
	 WHO	 World Health Organization
	 WOREC	 Women's Rehabilitation Center
Table of Contents
Page No.
Abbreviations ………………………………………………………………………………………………………………………………….......	 i
Executive Summary .....................................................................................................	 1
CHAPTER 1 ..................................................................................................................	 5
INTRODUCTION ...........................................................................................................	 5
1.1	 Background  ...................................................................................................................................	 5
1.1.1	 Country context - the extent of violence against women in Nepal ...............................................	 6
1.2	 Justifications of the study  .............................................................................................................	 8
1.3	 Study objectives  ...........................................................................................................................	 9
1.4	 Study methodology  ......................................................................................................................	 9
1.4.1	 Legal and policy review ................................................................................................................	 9
1.4.2	 Review of secondary data sources ...............................................................................................	 9
1.4.3	 Media analysis ..............................................................................................................................	9
1.4.4	 Identification of ‘emblematic’ GBV cases and in-depth interviews  ..............................................	 10
1.4.5	 Stakeholder mapping and analysis ...............................................................................................	 13
1.4.6	 In-depth interviews with District level stakeholders ...................................................................	 13
1.4.7	 Interviews with National level Stakeholders  ...............................................................................	 14
1.4.8	 Assessing resource allocation and utilization  ..............................................................................	 14
1.5	 Research instruments  ..................................................................................................................	 14
1.6	 Recruitment and training of study team  .....................................................................................	 14
1.7	 Data collection  .............................................................................................................................	 15
1.8	 Data management and analysis  ...................................................................................................	 15
1.9	 Research governance  ...................................................................................................................	 15
1.10	 Ethical considerations  ..................................................................................................................	 15
1.11   	 Challenges  ....................................................................................................................................	 16
1.12	 Report structure  ...........................................................................................................................	 16
CHAPTER 2 ..................................................................................................................	 17
FINDINGS ...................................................................................................................	 17
2.1	 The overarching legislative and policy framework  .......................................................................	 17
2.1.1	 International laws and obligations  ...............................................................................................	 17
2.1.2 	 National laws addressing GBV  .....................................................................................................	 18
2.1.3 	 Gaps in current laws  ....................................................................................................................	 18
2.1.4 	 Implementation of laws and policies  ...........................................................................................	 19
2.2	 Analysis of secondary data sources  .............................................................................................	 19
2.3	 Media content analysis  ................................................................................................................	 22
2.3.1	 Quantitative findings ....................................................................................................................	 22
2.3.2	 Qualitative findings  .....................................................................................................................	 22
2.4	 Experiences of Violence – interviews with survivors of GBV  ......................................................	 23
2.4.1 	 Socio-demographics ....................................................................................................................	 23
2.4.2	 Knowledge of laws, policies and women’s rights to a violence-free life  ......................................	 24
2.4.3	 Root causes of violence ...............................................................................................................	 24
2.4.4	 History of violence suffered and its consequences for women’s lives  ..........................................	 25
2.4.5	 Coping and care-seeking ..............................................................................................................	 28
2.4.6	 Barriers to care-seeking  ...............................................................................................................	 28
2.5	 Stakeholder mapping  ...................................................................................................................	 32
2.6	 Perspectives of District Level Stakeholders on Addressing GBV  ..................................................	 33
2.6.1	 Chief District Officers  ...................................................................................................................	 33
2.6.2	 Women and Children Development Officers (WCDOs) ................................................................	 34
2.6.3	 Local Development Officers  ........................................................................................................	 35
2.6.4	 District Public Health Officers ......................................................................................................	 35
2.6.5	 Local media representatives  .......................................................................................................	 36
2.6.6	 Representatives from the Women’s Cell  .....................................................................................	 37
2.6.7	 District Attorneys, District Judges and District Bar Association  ...................................................	 37
2.6.8	 Staff of Non-Governmental Organisations  ..................................................................................	 38
2.6.9	 UN Staff  .......................................................................................................................................	 39
2.7	 Interviews with National Level Stakeholders  ..............................................................................	 40
2.7.1	 Women’s risk of GBV and their care-seeking practices  ...............................................................	 40
2.7.2	 The legal and policy environment  ...............................................................................................	 40
2.7.3	 The institutional environment  ....................................................................................................	 41
2.7.4	 Agents of change ........................................................................................................................	 41
2.7.5	 Recommendations for change  ....................................................................................................	 42
2.8	 Resource Allocation  ....................................................................................................................	 43
Chapter 3 ...................................................................................................................	 44
Discussion, Limitations and Recommendations ...........................................................	 44
Study Limitations ......................................................................................................................................	 44
Legal and policy context ...........................................................................................................................	 44
Accountability ..........................................................................................................................................	 49
Summary of recommendations, actions, and proposed institutional responsibility
to achieve the recommendations  ............................................................................................................	 52
References .................................................................................................................	 54
Tracking cases of Gender-based violence in Nepal
1
Executive Summary
This report presents the results of a survey of individual, institutional, legal and policy responses to
experiences of violence against women and girls (VAWG) in Nepal. Through a detailed understanding
of the experiences of 6 women who have suffered violence, we have reviewed how and where women
seek care and support, and explored reasons for not seeking care. We have reviewed the mechanisms
for institutional accountability, collaboration and co-ordination, and have engaged with multiple
stakeholders to understand the barriers and opportunities for improving institutional responses. In
addition, we have looked in detail at the legal and policy environments which, in theory, both protect
and promote the rights of women and girls to live a life free of violence, and ensure they have a right
to care and support when needed.
The findings from the report make for sobering reading. It is well documented that women and girls
in Nepal face multiple burdens of violence – physical, sexual, emotional and structural. Moreover, it
is understood that these same women may face discrimination and suffer stigma, shame and social
isolation if they seek care and support for the violence they suffer. What we have documented in
this report are the accounts of six women who have suffered abuse (ranging from trafficking through
accusationsofwitchcraft,todowry-relatedviolence)andwhocameintocontactwithserviceproviders
who were mandated to provide help to them.
While there were positive stories of institutional accountability, not all women received the help to
which they were entitled. Thus, while the perpetrator of trafficking was finally sentenced to a lifetime
in jail, the men who sexually assaulted one woman were fined by an ad-hoc village committee who
promptly kept half the money for themselves.
Our review of the legal and policy environment for addressing both the drivers of and responses to
violence against women and girls in Nepal highlights that there are a wide variety of legal provisions
designed to protect and promote women and girls against violence, discrimination and abuse.
However, as the two examples above illustrate, women’s experiences of the formal support systems
are, at best, unpredictable – and sometimes were found to be obstructive and unhelpful too.
The report is divided into three main sections – the first, introductory, chapter gives background
information on what is known about the situation of violence against women and girls in Nepal,
and describes the study methods. These include both quantitative reviews of reported cases of GBV
(assessed through media reports as well as reviews of institutional record-keeping, mainly at national
level), and qualitative interviews with the six women as well as with a number of key stakeholders
at national and district levels. Interviews with policy makers focused on reviewing institutional
perceptions of opportunities for improving responses to VAWG, while district level interviews focused
more on understanding individual and institutional roles and responsibilities.
The second chapter presents the key findings. Our review of both international commitments and
national laws and policies to address VAWG finds that there is a generally protective and supportive
environment to promote and protect the rights of girls and women. Through constitutional provisions,
legal provisions, special laws and procedural provisions, these rights include the rights of all people to
live a life free from violence. However, the mechanisms for implementation, monitoring and ongoing
evaluation of these laws and policies are not well implemented. Although institutional accountability
mechanisms do exist (see, for example, Table 2.2 which highlights which institutions are responsible
for implementation of which law), they are poorly implemented.
A key finding in the second chapter relates to the lack of standardized monitoring, collation, evaluation
anddisseminationofdataaroundcasesofVAWG.Majorinstitutionshavedevelopedtheirownsystems
for record-keeping: thus making cross-institutional comparisons very challenging, and resulting in a
Tracking cases of Gender-based violence in Nepal
2
fragmented understanding of the exact burden of VAWG in the country or the effectiveness of any
interventions to address the problem.
Our interviews with women were undertaken to understand what factors might have precipitated
their experiences of violence, and how they made decisions around care seeking and support. In
general, women’s vulnerabilities to violence were already well known in Nepal – but were starkly
illustrated in some of the women’s life stories of lack of knowledge around their rights, or agency to
realize their rights. Women often hid their suffering from others for a long time, and when they did
finally seek care, it was often from family and friends rather than through formal support mechanisms.
Once in the formal care system, as noted above, women had unpredictable experiences – some good,
some bad. The lack of a predictable pathway of care is a cause for concern.
Key stakeholders at national and district levels were selected on the basis of a stakeholder mapping
exercise which assessed respondents on their likely level of power, interest and commitment to
address the problem of VAWG. Stakeholders at district level ranged from Chief District Officers, to
public health officials. The national level stakeholders were often in senior positions in Government
Ministries or autonomous institutions with a key role in policy and practice to address VAWG.
Interviews focused on understanding respondents’ knowledge of their roles and responsibilities,
institutional mechanisms for monitoring and evaluation of case management, collaboration with
other institutions, and suggestions for improvements in the current system.
In general, while interviewees were aware that VAWG is a problem in Nepal, and were keen to
address the problem, at District level in particular, they were often lacking in knowledge about their
own (institutional) responsibility to act. Thus, for example, awareness of institutional policies and
guidelines for dealing with cases of VAWG was often lacking. Record keeping was generally poor, and
few respondents at District level were aware of any evaluation or analysis of the records/data that
they did keep.
MechanismsforaccountabilitytoensurethatcasesofVAWGweredealtwitheffectively(andaccording
to principles of equity and fairness), were notable by their almost universal absence. At national level,
while mechanisms for collaboration and co-ordination among agencies were noted, these did not
extend to inter-agency agreement on such basic concepts as standardized case definitions, centralized
monitoring of cases, or implementation of accountability mechanisms.
In summary, VAWG is a pervasive and persistent problem in Nepal, and our study has confirmed that
individual women suffer prolonged abuse and humiliation and fear societal retribution and “shame”
if they make their sufferings known to others. Social norms (including gender norms) may be acting
to perpetuate women’s vulnerability. While institutions and organisations mandated to provide care
and support to women and girls (either to prevent violence, or to care for those who have suffered
violence) are plentiful, recommendations for improvements in the implementation of existing laws,
policies and guidelines have been highlighted in the final section of this report – discussion, limitations
and recommendations. We identify three key areas for action:
(1)	 addressing women’s level of knowledge about their rights and increasing their agency to act;
(2)	 promoting gender-transformative social norms that focus on men’s roles and responsibilities
for ensuring girls and women live a life free of violence;
(3)	 strengthening mechanisms for monitoring, evaluation and institutional accountability.
Each of these areas is explored in the final chapter in detail, and key actions to achieve each
recommendation, along with institutional responsibility, are detailed as follows:
Tracking cases of Gender-based violence in Nepal
3
Key recommendations arising from the study
1. Address gaps in laws and policies
•	 Amend the Domestic Violence Act
•	 Review the timeframe and processes for filing rape cases
•	 Review punishments for some forms of violence
•	 Introduce legal provision for violence associated with accusations of witchcraft
Action by: Parliament, Prime Minister’s Office, Ministry of Law and Justice, Ministry of Women,
Children and Social Welfare, Attorney-General’s Office
2. Improve women’s access to and experience of the justice system
•	 Conduct research to improve understanding of ‘compromise’ deals and work with the
justice system to reduce the incidence of out of court settlements
•	 Include GBV in pre-service training for police officers and ensure there is at least one
officer in every police station who is trained to deal with cases of GBV
•	 Pilot and introduce fast track courts for cases of GBV
Action by: National Women’s Commission, donors, UN agencies, women’s rights organisations, police
service, Ministry of Law and Justice, Supreme Court, Attorney-General’s Office, Nepal Bar Association,
district courts
3. Improve awareness of laws, policies and guidelines among key district stakeholders
•	 Review all relevant sector guidelines for provision of GBV-related services
•	 Ensure policies and guidelines are available in relevant institutions and train district staff
•	 Support exchange of experience between districts performing well and less well  
Action by: Ministry of Women, Children and Social Welfare, other relevant ministries and their district
level line agencies, UN agencies, donors
4. Strengthen district coordination and implementation
•	 Establish clear guidelines and standards for coordination, orient district level concerned
authorities, and monitor implementation of coordination mechanisms
•	 Establish guidelines for referral between e.g. health, police, justice systems, NGOs,
women’s shelters, women’s human rights organisations
•	 Monitor expenditure against budget and introduce incentives to use allocations for GBV
action
•	 Increase budget transparency so civil society actors can hold district authorities to account
Action by: Ministry of Women, Children and Social Welfare, Ministry of Home Affairs, other ministries
and their district level line agencies, Ministry of Finance, civil society, media
5. Strengthen mechanisms for monitoring and accountability of service delivery
•	 Agree a set of indicators for monitoring service delivery, quality and outcomes across all
sectors
•	 Consider how systems used to learn from mistakes and improve service delivery in other
sectors e.g. Maternal Death Review, could be adapted for cases of GBV, and pilot case
reviews
•	 Strengthen district capacity for monitoring, reporting and data analysis
Tracking cases of Gender-based violence in Nepal
4
•	 Engage the media in monitoring service delivery and outcomes
Action by: GECU, Ministry of Women, Children and Social Welfare, UN agencies
6. Increase women’s awareness of laws, rights, services, and how to complain about poor service
•	 Implementa national multi-media campaign using radio,TV,theatre,SMS, including stories
of women whose cases have been handled well to encourage others to seek services
•	 Evaluate ‘open surgeries’ where women’s rights defenders and officers from women’s
police cells meet the community and, if effective, support scale up of this approach  
•	 Expand school interventions to educate boys and girls about laws, rights and services
•	 Train female community health volunteers to conduct GBV awareness programmes
•	 Identify lessons learned from efforts to address shame and stigma associated with HIV and
TB
Action by: Ministry of Women, Children and Social Welfare, Women and Children Development
Officers, Human Rights Commission, media, NGOs, women’s organisations, human rights defenders,
paralegal committees, national and district education and health sectors, UN agencies, donors
7. Strengthen action to prevent violence against women and tackle harmful social norms
•	 Work with men and boys to raise awareness and promote ‘zero tolerance’, of violence
against women, through advertising, media, community and school-based interventions
•	 Promote awareness of women’s legal rights to property and inheritance
•	 Conduct analysis of the economic cost of gender-based violence
Action by: Ministry of Women, Children and Social Welfare, Ministry of Education, paralegal
committees, women’s human rights defenders, political and community leaders, NGOs, media,
Ministry of Finance, UN agencies, donors
8. Improve the evidence base
•	 Establish a working group to agree on standard definitions to be used by all relevant
agencies
•	 Develop and implement a common framework for recording and reporting cases of GBV
•	 Identify an institutional lead to collate, analyse, report on and disseminate national data
on GBV
•	 Review the evidence for ‘what works’ for gender transformative approaches to addressing
and preventing violence against women in Nepal, with a focus on the role of men and boys
Action by: GECU in the Prime Ministers’ Office with relevant ministries and agencies
This report is the result of four intensive months of research, but builds on many years of individual
and institutional experiences grappling with the issue of VAWG in Nepal. We hope that the
recommendations may go some way to achieving a more flexible and responsive environment for
women and girls at risk of/suffering from violence, and, ultimately, towards reducing their risks in the
first place.
Tracking cases of Gender-based violence in Nepal
5
CHAPTER 1
INTRODUCTION
1.1	 Background
Violenceagainstwomenandgirls(VAWG)iswellrecognizedasahumanrightsviolation.TheConvention
for the Elimination of Discrimination against Women (CEDAW) and the UN article that prohibits
torture (UN, 1984) have both brought VAWG out of the private and into public spheres globally and
in doing so have recognized VAWG as an infringement of women’s basic human rights. The impact of
VAWG as a public health problem with legal, social, cultural, economic and psychological dimensions
has been increasingly articulated (UNFPA, 2010). In 1996, the World Health Assembly declared VAWG
to be major public health problem that urgently needed to be addressed by governments and health
organizations (WHO, 1996).
Violence against women (in its broadest sense) can occur throughout women’s lives over the course of
the lifecycle, irrespective of class, caste/ethnicity, social status, race, nationality or any other defining
features (CRDC, 2002). It is estimated that globally one in three women is abused during her lifetime,
and 8-26% of women and girls report having been sexually abused as children or adults (Holden, 2003).
VAWG that occurs in the domestic sphere and is perpetrated by their intimate partners, including
spouses, is a particular problem, with between 13% and 61% of women worldwide reporting physical
domestic violence in their lifetime (Crowell et al 1996; CRDC, 2002; Kishor et al 2004).
A global review of the scope and magnitude of VAWG identified a number of types and perpetrators
of violence – these included episodes of violence in the domestic and societal realms, violence by
individuals, and institutional and organisational violence perpetrated by state actors and others
(Watts and Zimmerman, 2002). Different types of violence against women were found to be prevalent
throughout the life-cycle of women, and violence was found to be a global phenomenon.
Further evidence of the extent of violence against women comes from a multi-country study which
collected data from over 24,000 women across 15 sites in 10 countries. Between 15 and 71% of
women reported ever having experienced sexual or physical violence perpetrated by an intimate
partner in their lifetime, while violence from a non-partner ranged from 5-65% (WHO, 2005). The
WHO study found a number of characteristics associated with a higher prevalence of violence; these
included: individual level attributes (young age, limited education, lower socio-economic status);
partner attributes (alcohol or drug use limited education); family attributes (economic stress, male
dominance); community attributes (gender inequality, lack of cohesion); and societal level variables
(regressive gender norms, lack of female autonomy, restrictive laws) (WHO, 2005).
Violence against women as a sub-category of broader gender-based violence (GBV), is typically
enmeshed in a complex web of institutionalized social relations that reinforce women’s vulnerability.
For example, women may endure men’s violence because they see no acceptable alternatives, and
their lack of alternatives is often part of a larger cultural logic that sanctions violence. Violence against
women prevents women from exercising their legal rights to property inheritance, constrains their
ability to take advantage of economic opportunities and keeps them in their homes. Moreover, there
is concern that if and when women/girls do seek care and support in the formal sectors (e.g. in the
legal, police, health or other social sectors), they may not be able to fully actualize their rights to
service support and provision.
Gender based violence causes a host of health problems that limit women’s growth and productivity,
impede the well-being of families and communities, strain health systems’ resources, and hinder
governments from achieving their national goals related to health and women’s advancement. For
Tracking cases of Gender-based violence in Nepal
6
example, studies show links between domestic violence against women and their emotional and
physical health (Watts and Zimmerman, 2002). Physical abuse is associated with acute and lasting
mental illness (NRC, 2003; Mullen et al, 2000; Danielson et al 1998), stress-related physical illness
(Butterwith 2004; Campbell et al, 2002; Sutherland et al 1998), gynecological problems (Butterwith
et al 2004; Coker et al 2000; Letoourneau et al 1999; Golding, 1996; Wingwod et al 2000 and Johnson
et al 2004), underweight (Plichta and Abraham 1996) and risk factors for chronic illness (Pilchta and
Abraham, 1996; Bailey and Daugherty, 2007). In pregnancy, such violence is associated with poor
nutrition (Lemon et al, 2002), low maternal weight gain, smoking and alcohol use, infections, anemia
(Kearney et al, 2003), and maternal mortality (McFarlane et al, 1996). Children’s exposure to domestic
violence against women also has important adverse effects. Studies show that violent arguments
between parents are associated with children’s non-organic failure-to-thrive, lower caloric intake,
higher risks of wasting (Pilchta and Abraham, 1996) and poorer growth in infancy and into childhood.
Women who have been physically or sexually assaulted also tend to be intensive long-term users of
health services but may also have lower use of important preventive services, such as prenatal care
(Rao, 1998).
1.1.1	 Country context - the extent of violence against women in Nepal
Women and girls in Nepal are exposed to a variety of forms of violence, many of which are suffered
by women/girls globally, and others which are more commonly seen in Nepal than elsewhere.
Empirical studies in Nepal have documented the prevalence of sexual violence suffered by 12% to
50% of women (SAATHI, 1997; WOREC, 2002; Deuba et al 2005; Puri et al, 2007; Puri et al 2010,
Puri et al, 2011, Puri et al, 2012). Violence against girls and adolescents is also prevalent: a recent
study, Sexual Violence Assessment in Seven Districts of Nepal, revealed a high prevalence of sexual
violence against adolescent girls in Nepal. The study found almost one in ten girls (9.8%) reported
experiencing sexual violence. This figure is substantially higher than the rate reported in the same
age group in the Nepal Demographic Health Survey 2011-  4.6% of girls aged 15-19 years reported
experiencing sexual violence (MoHP, New Era and International Inc 2012)[Himalayan Human Rights
Monitors/PPCC supported by the Enabling State Programme (ESP/DFID), December 2012)], but both
figures highlight the common nature of the problem.
Physical violence is also widespread. The 2011 Nepal Demographic and Health Survey found that
more than one in five (22%) women age 15-49 years reported experiencing physical violence at some
point since the age of 15 years; among whom 9% were physically assaulted in the last year, either
regularly (2%) or infrequently (7%). Older, married, rural and Terai women were more likely to report
physical violence than other groups of women. Moreover, 12% of women in the DHS reported ever
experiencing sexual violence (NDHS, 2011). ‘A study on Gender Based Violence conducted in selected
rural districts of Nepal’ conducted by OPMCM/TAF/CREHPA revealed that almost half of women (48%)
had experienced violence at some time in their lives, and 28% had experienced violence in the past 12
months; where emotional violence (40.4%) was most commonly reported type of violence followed
by physical violence (26.8%), sexual violence (15.3%) and economic abuse/violence (8%) (OPMCM,
2012). The Nepal DHS 2006 also questioned men in the population, and found that 21% of male
respondents feel that a husband may be justified for beating his wife (NDHS, 2006).
Previous studies in Nepal have identified a variety of factors, including legal subordination, economic
dependency, cultural obligation and social position of women, that construct and reinforce male
dominance and female subservience so thoroughly that neither the violence nor the failure to
complain about it are unusual (Paudel, 2011). Furthermore, women’s lack of autonomy, high economic
dependency on their husbands, men’s perceived entitlement to sex, lack of education and knowledge
of sexuality, marriage practices (particularly early marriage), lack of family and legal support to
women, and husband’s use of alcohol, are all noted to contribute to risk of violence (Deuba et al
2005; Puri et al, 2007; Puri et al 2010; Puri et al, 2011; Puri et al 2012; OPMCM, 2012).
Tracking cases of Gender-based violence in Nepal
7
As a result of determinants operating the level of individuals, families, communities and the
wider society, women and girls in Nepal suffer from a variety of types of violence including: sexual
exploitation (trafficking, forced sex, sexual harassment), domestic violence (i.e. spousal abuse), family
abuse (polygamy, child marriage, widow abuse, dowry related violence, emotional and mental abuse),
accusations of witchcraft (Boxi) and bonded labour (Kamalari).
Although the Interim Constitution of Nepal gives every citizen the right to practice their own cultural
customs and rituals, Nepali law prohibits some harmful customs and rituals. Nonetheless, pervasive
traditional practices contribute to women’s risks of violence. For example, within the Badi community
(inmid-westernTeraidistrict)manywomenareforcedintocommercialsexwork,with30-40%reported
to be girls below 15 years. Trafficking of young women from Nepal to India for sexual exploitation is
a particular problem. Between5,000 to 7,000 Nepali girls are trafficked every year across the border
to India. Most end up as sex workers in brothels in Mumbai, Calcutta and New Delhi (Simkhada,
2008). It is estimated that a total of 200,000 Nepali girls and women have been sex trafficked to
India (Sethuraman, 2008). Half of those trafficked are under 16 years of age when trafficked and one
quarter are below 14 years of age (Hasselman et al, 2006).
The Deuki tradition involves families offering young girls to temples for ceremonial purposes; however
girls often experience sexual exploitation and may enter sex work to earn a living (ESCAP, 2009).
Similarly, the Jhuma are Sherpa who traditionally send second-born daughters to monasteries as an
offering to ensure the well-being of the girls’ family. Dalit (traditionally categorized as “untouchable”)
women face multiple discriminations, including a higher risk of being accused of witchcraft than
the rate seen among non-Dalit women.  Menstrual seclusion (Chaupadi) is a social tradition for the
Hindu women in the mid and far western part of Nepal that prohibits them from undertaking the
usual activities of daily life during the time of menstruation because they are considered impure. The
women are kept out of the house – usually living in outdoor sheds/barns. This lasts ten to eleven days
when an adolescent girl has her first period, and four to seven days for every following one.
The context of GBV, driven by social, cultural, religious and gender norms, is compounded by years
of political conflict which increased risk of violence (Dhakal, 2008). The decade of armed conflict in
Nepal contributed to GBV, particularly through rape, trafficking, sexual slavery, displacement and
economic hardship, however the evidence base on the extent of this problem is not robust (OPMM,
2012). The abuse of women in armed conflict is rooted in a culture of discrimination that denies
women equal status with men. Social, political and religious norms identify women as the property of
men, conflate women’s chastity with family honour and legitimize violence against women. Women’s
financial dependence, subordinate social status and a lack of legal support rendersthem vulnerable
to continued abuse.
1.1.2	 Addressing the problem of gender-based violence in Nepal
When and where women seek care and support if they have suffered from violence will depend
on characteristics at a number of levels: the individual woman (her level of autonomy in decision-
making, her socio-economic status, etc); the family and community (cultural norms around the
“expectation” and “acceptability” of violence against women); and institution-level responses (the
ability of institutions to respond appropriately to the needs of women).  Each of these variables can
be influenced, to a greater or lesser degree, by social and political pressures and the wider legal and
policy environments.
ThemostrecentDHSinNepal(NDHS,2011),foundthatthreequartersofwomenwhohadexperienced
physical or sexual violence at some point in their lives had not sought any help – and two thirds had
never mentioned the violence to anyone. The problem of not seeking care was particularly acute
among women who had experienced sexual violence – only 7% had reported the assault. Even when
care is sought, it is rarely from the state sector – only 4% of DHS respondents who sought care had
Tracking cases of Gender-based violence in Nepal
8
been to the police, and 3% to medical services. The majority of the care-seeking women had relied on
friends and family for care and support (NDHS 2011). These findings led the DHS authors to conclude
that “despite the efforts of the Ministry of Women, Children, and Social Welfare and nongovernmental
organizations to cater to victims of violence, the data suggest that few abused women are accessing
these services” (NDHS, 2011).
The Government of Nepal has been seen to be taking the issue of gender-based violence (GBV) in
general, and violence against women in particular, seriously. The issue carries a high level of political
salience, as witnessed by the establishment of a Prime Ministerial Unit to address GBV, and the
formulation and implementation of a National Action Plan along with a National Steering Committee.
These actions are supported by a legal and political environment which, in theory, is protective of
gender equality, promotes the notion of equal rights for women, and punitive towards those who are
violent to others.
Nonetheless, although high on the political agenda, there are still widely recognized gaps in both
the evidence base concerning the extent of GBV in Nepal, and the effectiveness of the response
mechanisms.
The purpose of the study detailed in this report is to address some of the current gaps in the evidence
base in Nepal by undertaking a comprehensive review of the responses (institutional, social, political)
to high profile cases of GBV in Nepal.
1.2	 Justifications of the study
On 25 November 2009, the International Day for on Elimination of Violence against Women and the
beginning of the sixteen days of activism against gender based violence, the former Prime Minister of
Nepal declared 2010 the year to end GBV. As part of this announcement, the former Prime Minister
established a GBV unit (now it is called GECU-Gender Empowerment and Coordination Unit) within
his office to monitor and collect data on GBV. A National Action Plan (2010) was launched, and a
National Steering Committee-chaired by the Chief Secretary and co-chaired by the Secretary, Ministry
of Women, Children and Social Welfare, was formed to monitor the implementation of the Action
Plan. Sectoral Implementation Plans to support the National Action Plan have subsequently been
developed.
Since the Prime Minister's Announcement there have been a number of ‘high profile’ GBV cases
reported in local and national media, including sexual assault and ‘witchcraft’ cases. These cases,
coming on top of a background of persistent and pervasive violence against women, have raised
issues including:
•	 How effective Nepal's national security, judicial, health, psycho-social and welfare systems
have been in responding to such GBV cases;
•	 Whether the new national legal and policy frameworks since 2006, including the Gender
EqualityAct,2006,theInterimConstitution,2007,theHumanTraffickingandTransportation
(Control) Act, 2007 and the Domestic Violence (Crime and Punishment) Act, 2009 have
been effective in helping GBV survivors attain the justice, security, psycho-social care and
possible livelihood opportunities they need;
•	 How informal institutions constrain or support women's protection and access to services
and seeking justice; and
•	 What are the main barriers and challenges in women accessing support, and how these
can be addressed.
In order to gain better understanding of how government systems respond to reported GBV cases, the
adequacy of the response, and how to strengthen policies for better implementation and response
to GBV survivors within these systems, the United Nations Population Fund (UNFPA), the Department
Tracking cases of Gender-based violence in Nepal
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for International Development (UK AID) through the Enabling State Programme (ESP) and the United
Nations Entity for Gender Equality and the Empowerment of Women (UN Women) co-funded a study
to address these and other issues.
1.3	 Study objectives
The overall purpose of this study was to map women’s experiences of seeking care, support and
redress when they have suffered GBV, and thereby to identify barriers and opportunities to both
women’s care seeking, and to improving the policy and programmatic environment. More specifically,
this research was designed to:
•	 Understand how and why women make choices and seek support
•	 Examine the role of key community members in supporting women -
•	 Toassessesinterestsandincentivesofpower-holdersinkeyformalandinformalinstitutions
•	 Understand roles of formal institutions and informal norms and values in working together
and independently to support or block women from care-seeking
•	 Examine the effectiveness of different systems mandated to provide care and support
•	 Assess operational strengths and weaknesses within and between the systems and
institutions.
1.4	 Study methodology
A number of qualitative and quantitative research methods were used in this study.
1.4.1	 Legal and policy review
A review of the legal and policy framework surrounding gender based violence in Nepal focused on
the following areas:
•	 Outline of laws addressing GBV, including procedural aspects of implementation of the
laws and policies;
•	 Institutional structures for implementing these laws
•	 Institutional structures for monitoring the laws and mechanisms for accountability
The following documents were included in the review:
•	 Interim Constitution of Nepal, 2007
•	 General Code (MulukiAin), 1963 plus amendments
•	 Domestic Violence (Offence and Punishment) Act, 2009
•	 Human Trafficking and Transportation Control Act of 2006
•	 Amendments to the Act to Maintain Gender Equality, 2006
•	 Social Behaviors Reform Act, 1971
•	 Regulations for the GBV Elimination Fund
•	 Public Offence(crime and punishment) Act, 1971
1.4.2	 Review of secondary data sources
Using secondary sources (media reports, police reports, court reports and NGO reports), we recorded
the number of reports of VAWG over a two-year time frame (2010-2012) in each of the study Districts.
The reports were classified according to type of violence that women reported.
1.4.3	 Media analysis
The media analysis had two key objectives: a quantitative review of the number of cases of GBV
reported in the online and print media within the past yearand a qualitative review of selected cases
to be “tracked” during the study.
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For the quantitative review we conducted a web-based search on the websites of the following
newspapers: Kantipur Daily, Annapurna Daily, The Himalayan Daily, the Kathmandu Post Daily, and
Republic Daily. E-news sites were searched using the following key words: ‘gender based violence’,
‘domestic violence’, ‘trafficking’, ‘rape’, ‘sexual violence’, ‘polygamy’, ‘widow abuse’, ‘witchcraft’,
‘harmful practice’, ‘early marriage’, ‘dowry’. In addition we hand-searched the archives of print media
looking for stories reporting on VAWG. Cases of VAWG reported in the media were recorded and
disaggregated by type of violence.
Qualitative analysis served two purposes. Firstly, the identification of 3 “cases” for in-depth review
and interview. These “cases” were selected on the basis of criteria established by the Study’s Advisory
Group meeting in November 2012. The “cases” selected from media reports were added to those
selected by the Advisory Group, giving a total of 6 selected “cases”. Media reports on the stories of
each of these women were then analysed to review their histories in depth prior to interviews at
District level.
The second purpose of the qualitative review of media reports was to analyse the content and
direction of media coverage of GBV including VAWG. Editorial direction was analysed, and subjective
assessments made of the focus of media reports.
1.4.4	 Identification of ‘emblematic’ GBV cases and in-depth interviews
On the basis advisory group suggestions and supplemented by media analysis, 6 “emblematic” cases
of gender-based violence in Nepal were selected. The final selection of cases was based on criteria
set out by the advisory group:
•	 Case must be reported in media and not earlier than the year 2010
•	 Age of survivors must be 18 and above years
•	 Case must fit into one (or more) of the following categories:
	 Dowry-related violence
	 Rape including gang rape  
	 Witchcraft accusation
	 Trafficking  
	 Domestic violence perpetrated by husband
	 Widow abuse
•	 Willingness to give consent for an interview
•	 Possibility of access to the people involved
Women were identified in five Districts – see Figure 1.1.
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Dang
Mahottari
Jhapa
Sindhupalchowk
Kavre
Figure 1.1	 Map of Nepal showing the locations of the six women interviewed in the study
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Table 1.1 details general information about the 6 women selected for inclusion in this study.
Table 1.1 List of six cases selected for the study
Types of Violence District Date of event Brief summary of event
Dowry related
violence  (Tortured)
Mahottari Dec 2011 Tortured by her in laws for insufficient
dowry. The case is registered at the
GEC unit at the Prime Minister's Office.
WCDO is helping the woman.
Sexual Violence (Gang
rape)
Mahottari Jan 2011 A woman was raped by two local men
while she was returning from the bazaar
where she was selling fruit– earning her
living after the death of her husband.
The community meeting decided that
she should leave the village as she
would set negative example to other
girls and the perpetrators should pay a
fine of Rs 20,000 each. The meeting also
decided that half of the money would
be used for community development.
Domestic Violence
(burnt by husband)
Jhapa Sep 2011 A woman aged 23 was burnt by her
husband on the grounds of insufficient
dowry and giving birth to a daughter.
Witchcraft Accusation Dang May  2011 Beaten brutally and accused by her
neighbours of practicing witchcraft. She
was forced to leave the village. Later,
with the help of local police, NGOs and
NHRC, she resettled in the village. The
perpetrators were made to pay a fine of
Rs 5,000 by the district court.
Widow Abuse
(physical violence)
Kavre Mar 2012 A single woman was tortured by her
own son and in-laws who blamed her
for an illicit relationship with maternal
uncle. The case is currently in the district
court.
Trafficking Sindhupalchowk Jul 2012 An illiterate girl, 19, sold to a brothel in
India by a close relative. Escaped from
brothel with the help of a customer
and returned to Nepal and filed a case
against perpetrators with the help of a
NGO.
District Court has sentenced the
main perpetrator to 170 years of
imprisonment.
In-depth interviews were carried out with all 6 women by trained interviewers and focused on the
following:
•	 “Story” of violence suffered
•	 History of care-seeking and coping mechanisms
•	 Support received, and facilitating factors in receiving that support
•	 Outcome of support
•	 Barriers faced, and perceived reasons for these barriers
•	 Suggestions for changes to reduce GBV and improve institutional responses
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1.4.5	 Stakeholder mapping and analysis
A stakeholder mapping was conducted in order to identify critical stakeholdersand to map their
perceivedinstitutional interests, power and positions. This stakeholder mapping exercise was
conducted through a meeting involving key informants who were well placed to understand the GBV/
VAWG landscape in Nepal.  Stakeholders were identified separately at national and District levels.
These stakeholder maps then formed the sampling frame for the selection of key stakeholders for
interview at national and District levels – see sections 1.4.6 and 1.4.7 (below) for further details of
these interviews.
1.4.6	 In-depth interviews with District level stakeholders
Based on the stakeholder mapping and supplemented by media content analysis, we identified and
interviewed 45 District level key stakeholders. Not all stakeholders identified in the mapping exercise
agreed to be included in the interviews. Table 1.2 presents the number and types of District level
stakeholders interviewed in the study.
Table 1.2	 Number and types of district level stakeholders interviewed
Types of district level stakeholders Male Female Total
Chief District Officer/acting Chief District Officer 5 0 5
District Police officer/Women’s Police cell 1 4 5
Judge of the District Court/ Registar 5 0 5
District Attorney 2 0 2
Officials of District Bar Association/Lawyer 4 0 4
District Public Health Officer 3 0 3
Women and Children Development Officer 4 0 4
Local Development Officers or GBV Focal Person at
the District Development Office
3 0 3
District level media personnel 4 0 4
Local NGOs working on GBV/ Women’s Human
Rights Defenders
2 6 8
Local UN staff 2 0 2
Total 35 10 45
Interviews with district level stakeholders focused on the following issues:
•	 Understanding of their own and the institutional role in addressing GBV
•	 Institutional function (who has responsibility to implement existing policy to address GBV;
who is held accountable)
•	 Institutional relationships (e.g. understanding mechanisms of referral)
•	 Knowledge of legal and policy environment to protect women who have suffered GBV
•	 Attitudinal assessments on issues such as gender equality, perceptions of human rights,
women’s empowerment, etc.
•	 Description of institutional activities and actions to address GBV in the specific
6 ‘emblematic’ cases
•	 Suggestions for changes to reduce GBV and improve institutional responses and ensure
access to justice
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All interviews, whether with women or with key stakeholders, were taped and also recorded through
note-taking by the interviewer.
1.4.7	 Interviews with National level Stakeholders
Interviews with key decision-makers, policy intermediaries and policy-makers were conducted in mid-
January 2013. Interviewees were selected from the stakeholder mapping exercise noted above. Again,
not all stakeholders identified through mapping were interviewed – participation rates depended on
availability and willingness to be interviewed. Interviewees were sent an invitation letter to participate
in the study, contacted by email and telephone, and interviewed generally at their place of work.
Interviews focused on:
•	 the salience of GBV policies on national agendas,
•	 willingness to devote time, resources and political capital to addressing GBV,
•	 perceptions of the political “palatability” of evidence-informed policy recommendations
Detailed notes were taken (with permission) during each interview, and these formed the basis of the
subsequent stakeholder analysis.
1.4.8	 Assessing resource allocation and utilization
Measuring resource allocation is a fundamental part of assessing the institutional and policy responses
to GBV. We assessed resource allocation through inclusion of questions of resource allocation in the
interviews with key stakeholders at both national and District levels. The questions focused on:
•	 Knowledge of budget allocation to tackle GBV
•	 Resource availability – human, financial and logistical
•	 Utilization of resources
•	 Perceptions of resource sufficiency with justifications/evidence
1.5	 Research instruments
The following research instruments were used to collect data:
•	 In-depth interview guidelines with women
•	 In-depth interview guidelines for district level stakeholders
Thedraftresearchinstrumentsdevelopedduringtheproposalsubmissiontotheethicalcommittees(of
both research organisations – UCL and CREHPA) were reviewed, modified and translated from English
to Nepali. These instruments were modified based on comments received from UNWOMEN, ESP/UK
AID, UNFPA and the Advisory Group members. A copy of the survey instruments for the interviews
with women and with District level stakeholders is attached in. The national level stakeholders were
interviewed to better understand the three issues noted above (section 1.4.7). No interview guides,
per se, were used, but interviews followed a general pattern of attempting to discern institutional
roles and responsibilities for addressing VAWG.
1.6	 Recruitment and training of study team
A total of 4 researchers (2 junior researchers and 2 research assistants) who were university graduates
and experienced in conducting research on similar issues were hired and trained to collect data.
The research assistants were given 3 days of intensive orientation on different aspects of the study,
including recruitment procedures, in-depth interviewing techniques, taking field notes, and issues
surrounding confidentiality and ethical procedures during data collection. The training involved short
lectures, mock interviews, and role-plays. The research assistants were adequately trained in each
research instrument and on the administration of specific questions. The training was conducted by
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the core research team (including Dr. Sarah Hawkes) at CREHPA. In addition, we hired an experienced
legal analyst who reviewed the legal and policy environment for tackling GBV in Nepal.
1.7	 Data collection
Fieldwork was carried out between 30 November 2012 and 17 January 2013 by two (female) field
teams, each comprising one junior researcher (with law background) and one research assistant. All
national level in-depth interviews were conducted by the Principal Investigator of the study supported
by a junior researcher.  To promote and protect confidentiality, interviews were conducted in private
locations convenient to the participants, within a room of their home or workplace.
The field team was closely supervised by core team members to ensure work quality. The core team
members reviewed transcriptions of interviews and provided feedback to the field teams. Telephonic
communication with the research assistants was maintained to monitor the progress and quality of
the data collection.
Tape recorders were used for in-depth interviews (with the consent of respondents) and field notes
were also kept. Transcription and expanding of field notes were carried out before moving on to the
next interview/discussion. All transcriptions were reviewed by the core team members and word by
word translation into English was carried by the translators.
1.8	 Data management and analysis
All in-depth interviews with district level stakeholders were tape-recorded with the consent of the
participants.Dataanalysiswasguidedbythepre-determinedthemeandresearchquestions.Alltextual
data were transcribed from audio-tape (or expanded from the notebook) in Nepali and translated into
English. After reviewing the transcripts, the major themes were identified and summarized ranges of
views expressed within themes as well as the relationship(s) between themes were summarized in
grid tables with relevant quotations that illustrate the themes. Data were analyzed manually.
Interview notes from the interviews with national level stakeholders were reviewed and analysed
manually.
1.9	 Research governance
An advisory committee of 11 members under the leadership of the Chairperson of National Women’s
Commission was formed before the initiation of the study. The committee members were from UK
AID, ESP, UN Women, UNFPA, UNICEF, International Commission of Jurists (ICJ), National Women’s
Commission, Ministry of Women Children and Social Welfare (MWCSW), SAATHI, and Forum for Law
Women and Development (FLWD). The role of the advisory group was to engage with the study team
at critical milestones, providing information and support and helping to ensure relevancy, essential
linkages and quality assurance. The committee met twice - once before the study commencing and
another when the draft report was ready for review.
1.10	 Ethical considerations
Ethical approvalwas received from the ethics committee of University College London (grant holders)
and the institutional review committee of CREHPA to conduct the study in the country. Participants
(women and key stakeholders) involved in this study were fully informed of the nature of the study,
the study objectives, and the confidentiality of the data. The potential benefit and risk in participating
in the study were explained to all study participants. Participants were informed that they may skip
any questions they did not wish to answer and were always given an opportunity to comment or ask
any questions to the researchers. The informed consent form was written in simple Nepali language,
this was readout to the participants and verbal consent was obtained. The informed consent form
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was based on the ethical guidelines developed by WHO for undertaking GBV research (WHO, 2001).
No names were entered into the textual data base and no personal identifications were used in the
analysis or reports.
1.11 	Challenges
As with any piece of research, there are limitations both to data collection and interpretation. We
have grouped these into three main areas: Firstly, due to the qualitative nature of the study the
findings are descriptive rather than representative. Secondly, the purposively selected small number
of GBV cases and stakeholders included in the study, limit the possibility of generalisability of findings
to a wider population.
One of the major challenges was the selection of 6 emblematic GBV cases. The advisory group
members thought that emblematic cases as specified in the TOR were no longer relevant and a
significant amount of time was spent identifying new cases. Data collection was hampered by the
difficulties inherent in [rightly] identifying women on the basis of pseudonyms used in media reports.
Scheduling appointments with key stakeholders at both district and national level was a major
challenge. Some of the district level stakeholders particularly judges at the district court were reluctant
to participate in the study.
1.12	 Report structure
This study report is divided into three chapters- the present chapter, Chapter 2 which presents major
findings and Chapter 3 which reviews the discussion, conclusions and recommendations.
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CHAPTER 2
FINDINGS
2.1	 The overarching legislative and policy framework
2.1.1	 International laws and obligations
Nepal has experienced deep political change over the past 20 years. The state was a Hindu monarchy
until 1991, when it underwent reform and became a constitutional monarchy. During the 1990s Nepal
made several international commitments to support human rights, women’s health and development.
As a member of the United Nations, Nepal is obliged to adhere to various international treaties. The
Nepal Treaty Act, 1991, Article 9, states that international laws prevail over national laws if there is
conflict between two. Furthermore, national provision must be made to enact international treaties
and laws. Table 2.8 highlights the main relevant international laws, treaties and declarations that have
been ratified by the Nepal Government, and the date of ratification.
Table 2.1 Nepal’s key international human rights and women’s health commitments
Key International Human Rights treaties and women’s health
and development commitments
International
adoption
Year of accession/
ratification in Nepal
Supplementary Convention on the Abolition of Slavery, the
Slave Trade, and Institutions and Practices Similar to Slavery 1956 1963
Convention on the Political Rights of Women 1952 1966
Convention on the elimination of all forms of racial
discrimination (CERD) 1965 1971
Convention on the rights of the Child (CRC) 1989 1990
Convention on the Elimination of Discrimination against
Women (CEDAW) 1979 1991
Convention on Economic, Social and Cultural Rights (CESCR) 1966 1991
International Covenant on Civil and Political Rights (CCPR) 1966 1991
Convention on the Rights of Persons with Disabilities (CRPD) 2006 2010
Convention for the Suppression of the Traffic in Persons and
of the Exploitation of the Prostitution of Others 1949 1995
Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination Against Women, 1999 1999 2007
Key international women’s health and development
commitments Year of adoption
Alma Ata Declaration 1978
International Conference on Population and Development
Programme of Action 1994
Beijing Declaration on Women Platform for Action 1995
Millennium Development Goals 2000
Paris Declaration 2005
International Health Partnership Compact 2007
Global Strategy for Women & Children’s Health 2010
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As Table 2.1 illustrates, Nepal has ratified the major international covenants, treaties and
commitments which enshrine rights and protection for all her citizens. Furthermore, ratification of
international health and development commitments (such as the Beijing Declaration, ICPD 1994, etc)
further illustrate the extent of state-level obligations to both protect and promote health and human
development.
2.1.2 National laws addressing GBV
The state-level obligations to international covenants and treaties have been translated into a number
of national-level laws which seek to address GBV in Nepal. The national laws fall into four distinct
categories: constitutional provisions, legal provisions, special laws and procedural provisions. Figure
2.1 highlights the main national laws which protect and promote the rights of women to live a life
free of violence.
Figure 2.1	 Categories of national laws addressing GBV
Source: MWCSW/UN Women/FWLD, 2012
� Various provisions of the Country Code, 2020 BS
� Labor Act, 2048BS
� Social Practices (Reform) Act, 2033 BS
� Libel and Slander Act, 2016 BS
� Some Public (Crime and Punishment) Act, 2027 BS
� Children Act, 2048 BS
� Police Act, 2012 BS
� Local Self-governance Act, 2055 BS
� National Woman Commission Act, 2063
� National Women Commission Rules, 2063 BS
� Domestic Violence (Offence and Punishment) Act, 2066 BS
� Domestic Violence (Offence and Punishment) Regulation,
2067 BS
� Human Trafficking and Transportation (Control) Act, 2064 BS
� Human Trafficking and Transportation (Control) Regulation,
2065BS
� Gender Violence Elimination Fund (Operation) Rules, 2067 BS
� Directives issued to control sexual exploitation against
working women in workplace such as dance restaurant,
dance bar, 2065 BS
� Various provisions of the Country Code, 2020 BS
� State Cases Act, 2049 B.S
� Supreme Court Regulation, 2049 B.S
� District Court Regulation, 2052 B.S
� Appellate Court Regulation, 2048 B.S
� The Procedural Guidelines for Protecting the Privacy of the
Parties in the Proceedings of Special Types of Cases, 2064
Legal Provisions
Procedural Provisions
Special Laws
� Interim Constitution of Nepal, 2063 BSConstitutional Provisions
2.1.3 Gaps in current laws
Whilst these laws and provisions are detailed and thorough, there are, as with any legislation, some
existing gaps in both definition and coverage. Appendix 1 is a detailed review of all existing laws
and provisions addressing GBV and VAWG in Nepal. This Appendix includes a set of comprehensive
recommendations for addressing the existing legal ‘gaps’ in Nepal.
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2.1.4 Implementation of laws and policies
Laws and policies are, in general, only as effective as their mechanisms to ensure implementation,
monitoring and evaluation. As part of our review of the legal and policy environment we looked at
the policy mechanisms for implementation and which institutions would be held accountable for
implementation. The results of this analysis are presented in Table 2.2.
Table 2.2 Institutional accountability for implementation of existing laws addressing GBV
Name of the Law Institutional Accountability
Interim Constitution of Nepal, 2006 Executive, Legislature and the Judiciary
Civil Code, 2020 Criminal offence related chapters are the responsibility
of the Nepal Police to execute; some responsibility is
rendered to the Government Attorney and the Court,
other chapters by relevant branch of executive.
Disability Protection and Welfare Act, 2039 Ministry of Women, Children and Social Welfare
Law Relating to Legal Assistance, 2054 Ministry of Law, Justice and Parliamentary Affairs and
Nepal Bar Association
Some Public Offence(crime and punishment) Act,
2027
Police, Government Attorney and District
Administration Office
Defamation Law, 2016 Court(District, Appellate and Supreme court)
Election(crime and punishment) Act, 2063 Election Commission and Political Parties
Evidence Act, 2031 Courts, Attorney offices and the Police
Police Act, 2012 Police and Home Ministry
Law Relating to Children, 2048 Women, Children and Social Welfare Ministry
Human Trafficking and Transportation Control Act,
2064
Police, government attorney and courts
Torture Compensation Act, 2053 District Courts of the country
Foreign employment Act, 2064 Ministry of Labour and Foreign Employment, Ministry
of foreign Affairs, and ministry of Home
Electronic Transaction Act, 2063 Ministry of Science, Technology and Environment,
Police, Government Attorney and the court
National Broadcasting Act, 2048 Ministry of Communication and Broadcasting
Extradition Act, 2045 Ministry of Home, Foreign Affairs, Law, Justice and
Parliamentary Affairs
Local Autonomy Rule Act, 2055 Ministry of Local Development
Social Behaviours Reform Act, 2028 Ministry of Home and Police
Act Relating to State Cases,, 2049 Office of the Attorney General and the Nepal Police
Motor Vehicles and Transportation Act,  2049 Ministry of Transportation and Foreign Employment
and the Nepal Police
Hotel Management and Control of Alcohol
Product Sale, 2023
Nepal Police, District Administration
National Women Commission Act, 2063 National Women Commission
District Court Regulation, Appellate Court
Regulation and Supreme Court Regulation
Relevant Courts and higher level of Court to the
relevant jurisdiction
2.2 Analysis of secondary data sources
We identified four major sources of secondary data registering the burden of GBV against women in
Nepal. Data sets varied widely both in their definitions of violence and in methods used to register
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cases, nonetheless the data provide some indication of trends with time within individual data sets.
2.2.1 Reporting within the Police system
All District level police offices file reports of GBV cases to central police headquarters on a monthly
basis. Table 2.3 indicates the total number of cases registered through this system in the past three
years.
The number of cases reported to the police increased from an annual tally of 1774 in 2009/10 to 3340
in 2011/12. The most commonly reported violence was domestic abuse (range = 55%-67%), followed
by rape (17% to 21%). Women also reported polygamy (7-8%), attempted rape (5-6%) and trafficking
(3-9%) to local police stations.
Table 2.3 Police system reported number of gender-based violence cases 2009-2012
Type of violence 2009/10 (2066/67) 2010/11 (2067/68) 2011/12 (2068/69)
N % N % N %
Domestic violence 983 55.4 1355 57.2 2250 67.4
Rape 376 21.2 481 20.3 555 16.6
Trafficking 161 9.1 183 7.7 118 3.5
Polygamy 146 8.2 197 8.3 249 7.5
Attempted rape 101 5.7 151 6.4 156 4.6
Child marriage 7 0.4 3 0.1 12 0.4
Total 1774 100.0 2370 100.0 3340 100.0
Source: Police headquarter, Naxal, Kathmandu, Nepal
In addition to national data, we were able to review the cases reported to local police stations –at the
Women’s Police Cells of each study district. Data collection methods were not standardized across the
six study Districts. Thus, for example, until recently Jhapa District police office did not have a separate
category for reporting domestic violence. Nonetheless, a brief review of the data from each of the
study Districts confirms the importance of domestic violence a key issue – see Table 2.4.
Table 2.4	 Number of gender-based violence cases reported at Women’s Police Cell by study
districts in the last 12 months (2011/12)
Types of violence Sindhupalchowk Kavre Dang Mahottari
Domestic/Physical violence 45 105 68 26
Social violence - - 18 -
Rape 3 4 10 4
Attempted rape - 2 5 -
Murder/attempted murder - 6 - 28
Trafficking 2 - 1 2
Economic violence - - - 18
Mental torture/emotional abuse - - - 8
Polygamy 3 5 6 5
Kidnapped/missing - - - 4
Total 53 122 108 95
*Jhapa district police did not disaggregate data by types of violence until very recently,
and data have therefore not been included in this Table.
Tracking cases of Gender-based violence in Nepal
21
2.2.2 Reports to the National Women’s Commission
Data were available for two years only at the National Women’s Commission which compiles aggregate
numbers on the basis of cases reported to them.Again, the number of reported cases rose during the
reporting period, but in both years of reporting the majority of cases related to domestic violence -
see Table 2.5.
Table 2.5 Number of gender-based violence cases reported to the National Women's Commission
Type of violence 2010/2011 (2067/68) 2011/12(2068/69)
Domestic violence 155 273
Rape 10 12
Murder - 30
Sexual violence/abuse 4 9
Trafficking - 3
Abandoned by the family 1 7
Economic violence 4 2
Mental torture/emotional abuse 9 21
Polygamy 4 4
Witchcraft accusation 2 1
Missing - 9
Total 189 371
Source: National Women's Commission, Kathmandu, Nepal
2.2.3 Reports to the Women’s Rehabilitation Centre and Informal Sector Service Centre
At the national level, a total of 1581 cases of GBV were reported by the Women’sRehabilitation
Centre (WOREC) and 648 cases were recorded by the Informal Sector Service Centre. In both cases
the highest proportion of reported cases was attributed to domestic violence – see Tables 2.6 and 2.7.
Table 2.6 Number of gender-based violence cases reported by WOREC in the past two years
Type of violence 2010/2011 2011/12
Domestic violence 1002 1019
Social violence (witchcraft accusation, child
marriage, dowry related violence, caste
discrimination, emotional violence etc)
266 251
Rape/attempted rape 124 146
Sexual violence/abuse 64 63
Murder 47 28
Trafficking 23 25
Other (suicide, abandoned by the family,
disappearance)
43 49
Total 1569 1581
Source: Anbeshi- a year book on violence against women 2011 and 2012, Women Rehabilitation Centre,
Kathmandu Nepal
Tracking cases of Gender-based violence in Nepal
22
Table 2.7 Number of gender-based violence cases reported by INSEC in the past two years
Type of violence
INSEC
2011 2012
Domestic /family violence 297 272
Rape/attempted rape 119 140
Polygamy 70 114
Witchcraft accusation 58 51
Trafficking/attempted trafficking 44 33
Sexual violence/abuse 30 31
Other (suicide, abandoned by the family, missing) - 7
Total 618 648
Source: Human Rights Year Book, 2011 and 2011, Informal Sector Service Centre (INSEC), Kathmandu, Nepal
As noted, the identified data sources included data from a variety of different institutional
sources, and there was no apparent consistency in definitions or reporting methods. Thus, making
comparisons between findings either across data sets or across geographical sites (national versus
district, for example) is fraught with methodological challenges. Despite this, there appears to be
some consistency in the finding that the most commonly reported category of violence is “domestic
violence” – an all-encompassing term that is in danger of lacking specificity. Sexual violence and rape
were also reported commonly within all datasets, but some kinds of abuse, such as witchcraft or
trafficking were not commonly recorded in these datasets.
2.3	 Media content analysis
2.3.1	 Quantitative findings
A total of 825 GBV cases were recorded from our media review of the 2 years 2010 -11; the highest
number of cases were related to sexual violence (23.7%), followed by domestic violence (16.2%),
murder (12.2%), trafficking (11%), witchcraft accusation (9.9%), dowry-related violence (5.2%).
In addition to case reports, there were 682 news stories covering the issues of violence against women
in Nepal. These news reports focused on: sexual violence (18.5%);murder (16%); human trafficking
(14.4%); domestic violence (9.1%); witchcraft accusation (4.8%) and other issues including chhaupadi,
kamalari, polygamy, child marriage, etc.  
2.3.2 Qualitative findings
Much of the media coverage during the 2 year time period (2010-2011) gave simple accounts of
activitiesunderwaytoaddressGBV–e.g.reportsfromrallies,workshops,campaignsetc.Thereporting
of GBV cases was relatively factual and devoid of contextual analysis. Media reporting of policy and
programmatic issues was notable by its absence. News reports are by their very nature short-term,
and coverage of GBV cases was no exception. Stories were rarely able to achieve sustained coverage
and often were not a high priority news event.
Focusing on the 6 “emblematic” cases of women interviewed for this study, they were selected partly
on the basis of the intensity of media interest. For the 6 women at least 35 news reports were covered
in the print media - trafficking received the most media coverage (reported by different newspapers
a total of 18 times) followed by accusation of witchcraft (newspaper coverage 6 times), domestic
violence perpetrated by husband (4 times), rape (3 times), widow abuse (2 times) and dowry (2
times). Media coverage was, in general, supportive of the women, but descriptive reports very rarely
tackled issues such as prevention, policy responses or accountability for redress. Though the media
Tracking cases of Gender-based violence in Nepal
23
had the potential to cover the issues of women and VAWG, they did not seem to be considered as
critical issues. For instance, we noted that these issues received relatively small amounts of physical
space in the newspaper itself, and were generally on inside pages rather than constituting headline
news. Moreover, we only found follow up coverage of one emblematic case – the case of witchcraft
accusation in Dang.
In-depth media reviews allowed us to identify potential “cases” meeting the inclusion criteria
suggested by the Advisory Group at the first meeting (see page 7). These life histories of these “cases”
(women who met the criteria for inclusion in the study) are explored in the next section.
2.4	 Experiences of Violence – interviews with survivors of GBV
2.4.1 Socio-demographics
The six women who met the inclusion criteria (see page 7) and agreed to be interviewed for this
study came from a variety of social, ethnic and demographic backgrounds. The socio-demographic
characteristics of each woman are illustrated in Table 2.10. Women ranged in age from 19 to 38 years,
and had a wide spectrum of educational levels (from non-literate to Class 12). Four women were
currently married, and there was one widow among the respondents. The youngest interviewee was
unmarried. All women had suffered abuse at some point in the past 2 years.
Table 2.8	 Socio-demographic characteristics of six respondents
Type of
Violence
Date Age Education Caste/
Ethnicity
Marital
Status
Occupation District
1 Dowry Incident
reported
within past
2 years
32 Class 8 Brahmin Married Unemployed Mahottari
2 Sexual
Violence
Jan 2011 32 Illiterate Muslim Married Employed ; Sells
vegetables in
mobile vegeta-
ble market
Mahottari
3 Domestic
Violence
Sep 2011 23 Class 12 Dalit
(Harijan)
Married Unemployed Jhapa
4 Witchcraft
Accusation
May 2011 38 Illiterate
at time of
event but
received
informal
education
in recent
years
Dalit Married Employed;
Works in
agricultural
Sector
Dang
5 Widow
Abuse
Mar 2012 35 Class 8 Chettri Widow Employed;
Working in a
single women's
organization
Kavre
6 Trafficking Jul 2012 19 Illiterate
at the
time of
trafficking
but
literate
now
Dalit Unmarried Employed;  
Working at
a private
company
Sindhu-
palchowk
Tracking cases of Gender-based violence in Nepal
24
2.4.2 Knowledge of laws, policies and women’s rights to a violence-free life
Given that knowledge of rights is a pre-requisite for actualization of those rights, women were asked
about their knowledge of laws and policies which could be used to protect them from abuse. Many of
the women had little or no knowledge of laws and policies which could protect them against violence:
Interviewer: Do you know who is responsible to address gender based violence?
Respondent: I don’t know.
I:	 So you didn’t go to seek justice because you didn’t know where to go?
R:	 Yes, I don’t know anything about law.
I:	 So, do you know now? Where should you go for help if you face the same kind of
violence?
R:	 I don’t know. I don't even know how to reach there alone.
I:	 You didn’t seek support from the law to seek justice?
R:	No.
I:	 Why didn’t you?
R:	 I don’t know. I am not allowed to go outside of the house.
(Woman who had suffered domestic violence)
"I don’t about laws. How do I know about it? A fool like me!"
"How do I know about the law (laughing)? What is in the law? Where should I go? What should I
do? I knew nothing. Then, how could I seek help from the law? I was not quite satisfied with the
negotiation done by the villagers."
(Woman who had been raped)
However, once women have been exposed to the formal justice system and are aware of their rights,
the perception among some of the women interviewed was that the system is potentially robust
enough to protect them in the future:
“I don’t have knowledge about particular laws but I have come to learn that one can get
justice through legal procedure if she is physically or verbally abused. I have understood that
such provisions have been mentioned in the law to protect our rights...”
(Woman who has suffered widow abuse)
2.4.3 Root causes of violence
Women identified a number of reasons driving levels of VAWG in Nepal. These ranged from poverty
and lack of education through to underlying, and often culturally influenced, gender inequalities
which perpetuate the low status of women and decrease women’s agency to act in their own best
interests – for example by forcing girls to marry early, or through perceived cultural norms that act to
disempower women and reduce their autonomy:
"We were poor. We were many members at home. We didn’t have enough money for food and
living. We have to earn our living through daily wages. We used to sell vegetables from a very
young age. I was still a child when I got married."
(Woman who suffered sexual violence)
Tracking cases of Gender-based violence in Nepal
25
"I think violence against women is more prevalent in Nepal. For example; our society perceives
that women should not do this, women cannot do it, there is no way that a woman can do it, etc.
Everyone thinks that women cannot do anything. Our society thinks that only men are capable of
doing everything… I don’t have idea about other countries but Nepal is a country where violence
against women exists. Men are engaged into consuming alcohol and beating their wives……
There is lack of education among women due to which they don’t have any knowledge. …. we,
women of Nepal, cannot even step out of our houses. People will start criticizing when we step
out of our houses."
(Woman who had been trafficked)
2.4.4 History of violence suffered and its consequences for women’s lives
The six women were asked to describe the history of the violence that they had suffered, and to
reflect on the circumstances in which the violence had occurred. Table 2.11 illustrates the women’s
experiences of violence – outlining their explanations of both the reason for the violence and the
circumstances which triggered the ‘emblematic’ acute episode of violence.
Table 2.9	 Review of women’s experiences of violence
Case
ID
Type of
Violence
History of violence ‘Trigger’ of acute episode of
violence
1 Dowry -	 Intense pressure to bring dowry and pre-
arranged agreement to pay 2 lakhs 25,000 to
husband's family prior to wedding but victim's
father only paid 1 lakh
-	 Suffered from frequent verbal and physical
abuse from mother in law and husband
(beatings and pulling on hair for not bringing
enough dowry)
-	 Accused  by mother in law and sister in law of
not knowing how to perform household chores
(cooking, cleaning and not covering head with
sari)
-	 Husband and mother in law threaten to marry
another woman
Husband and parents in law
used excuse that food had not
been well prepared.
2 Sexual
Violence
- 	 Forced to leave husband's home and abused
both verbally and physically by villagers
- 	 Husband's death triggered reaction from
husband's family members and villagers
regarding division of assets, transfer of
property and cash
-	 Held responsible for husband's death by
bringing misfortune to the house
- 	 Blamed for not having children from this
marriage
- 	 Abused by husband's ex wife and villagers who
wanted her to leave home and intervened due
to fear that woman would bring first husband's
sons and transfer property in their names
Raped by two local men in the
sugarcane fields one evening
while returning to the village
- rape seen as an attempt to
coerce her to leave home and
move away from the village
following her husband's
death.
Tracking cases of Gender-based violence in Nepal
26
3 Domestic
Violence
- 	 Husband unsatisfied with dowry; demanded
TV and bicycle
- 	 Strong preference for son, further reinforced
by mother and sisters in laws expectations,
arguments exacerbated after birth of elder
daughter
- 	 Husband living with wife and parents in law,
mother in law arranged his job since he was
unemployed
Survivor prepared various
food items sent by mother
on festive occasion (whilst
husband expressed frustration
and drunken rage regarding
role of in laws by lighting a
match and using kerosene to
set victim on fire
4 Witchcraft
Accusation
-	 Vulnerability of victim - husband working
abroad in India, small children and no other
family members who can look out for her
Villagers ambushed her to
attend gathering at sick
woman's home, superstitious
belief that failure to visit sick
woman implied that she was
guilty of witchcraft
5 Widow
Abuse
-	 Stigma of being a widow   since husband's
death
- 	 Verbally abused by in laws to leave home
-	 Inherited small piece of land upon husband’s
death, shared property with brother in law but
no legal claim to home
-	 Economic Hardship: Frequent arguments
about money, son demanded half of victim’s
salary earned through manual labour, which
victim refused to give
-  	 Son  physically abused her under influence of
alcohol
Son, in the company of
villagers, accuse victim
of an illicit affair with her
uncle. Woman verbally and
physically abused for having
an “immoral” character/
condemned for being a “loose
woman”.
6 Trafficking - 	 Perpetrator urged victim to travel abroad to
support family financially (mentioned family’s
economic condition and dilapidated house)
- 	 Trickedvictimintoreturningtothevillageciting
mother’s ill health and deceiving her with false
promise of offering her a job opportunity in
India (said his own daughter had been working
in India for 5 months and sent him money
frequently)
- 	 Perpetrator took responsibility for preparing
passport and providing travel passage across
the border, victim only came to know she had
been duped into sex trafficking upon reaching
brothel in Agra
Smuggled her across the
border in a van under the
guise of visiting sister and
bribing officers; tricked 5 girls,
one of whom is the daughter
of one of the perpetrators,
3 perpetrators in the sex
trafficking ring (Dawa, Bajir
and girl’s father)
The six women in the study generally suffered abuse from people within their own family and
community. Two women suffered violence (domestic violence and dowry-related violence) from
their husbands, three were abused by members of their community, and 2 women (accusations of
witchcraft and widow abuse) were abused by their own children (along with others). Abuse from
family members (particularly husbands) was often long-term, and only when women suffered an
acute and severe episode of abuse did they seek any kind of external help. Thus, the woman who
suffered violence related to unmet dowry ‘expectations’ noted that the abuse started shortly after
marriage:
“It was actually because of too little dowry, and soon with 2/3 months after our marriage, we
started to live in Kerkha. So, he used to pick fights saying, “You are living near your parents”,
may be my husband felt he could not collect property as he expected to."
Tracking cases of Gender-based violence in Nepal
27
The abuse became worse when she gave birth to a daughter:
"He used to prefer son as always, while I was pregnant. After delivery he stopped talking to
me because I gave birth to a baby girl. Then it was just a point for him to start his arguments.
He started from the hospital."
After years of prolonged abuse, the woman only received care when forced to by the severity of her
physical injuries:
"When the fire struck me, I really suffered. It was burning so badly and it hurt and I was
shouting and screaming. He was just there sitting on the bed watching me burn and he was
enjoying his drinks. I could see him watching, I was screaming at him, but all the doors were
locked, I did not realize that he had covered the open area with a bed sheet. When everyone
started to kick and break open the door only then did he open the door. But, by the time
he opened the door, I was already unconscious. Later, the house owner and the rest of the
community people took me to the hospital."
Women who lacked social and domestic support described their vulnerability to abuse from the wider
community. Thus, the women who were widows became vulnerable to abuse from their children
(who wanted access to inheritance and property) and from members of their village (again using a
property dispute as the pretext for violence). The sense of isolation and powerlessness was summed
up by one of the women who had suffered abuse as a widow:
" I didn’t have any idea because nobody in the community was on my side to help. It was dark
and I had nowhere to go. I was very scared because I was alone. I accepted the accusation
because everybody was on their side and there was no one to support me."
(Woman who was a widow)
The fear of social isolation and societal discrimination was further summed up during interviews with
another woman (widowed at the time of the abuse, but now remarried)
"When my husband fell sick, we came back to village where he died. After his death, the
villagers blamed me for killing my husband and also pointed out that now that I am a single
woman, I will ruin the village. They say that single woman like me should not stay in the village
and forced me to run away. They feared that if I didn't leave the village, I may bring my former
husband's sons and give this property to them. This was the main reason why my husband’s
ex wife (sauta) wanted me to leave. So she and the villagers jointly threatened me, abused me
and warned me to leave the village."
(Women who was a widow when abused)
Consequences of violence ranged from physical ill-health through to social isolation. The woman who
had suffered sexual violence described the sense of shame and stigma associated with her experience,
and expressed concern that she would be ostracized from her own community.
"I was scared if anyone would come to know about it and expel me from home. So I didn’t dare
to tell anyone. I found out the next day in the village that there was already a rumor about
this incident. I was so surprised and felt ashamed and full of fear too. Then later I found that a
person from the same village had seen me while I was being forcefully raped by these men. In
spite of all this, I stayed there and endured everything."
(Woman who was sexually abused)
Tracking cases of Gender-based violence in Nepal
28
2.4.5 Coping and care-seeking
A major component of the interviews with women was to understand patterns of care-seeking and
how the women had coped with the abuse inflicted upon them. Women were asked about their
immediate source of care and support, as well as the longer term support mechanisms they had
engaged with. The immediate source of support for 2 of the women was with the health services–
for women had been badly burnt or otherwise injured and required medical treatment. Two other
women sought care from the Women’s Human Rights defender and a local shelter – in one case this
led to being referred to the police. However, even when women sought care from formal support
mechanisms, this did not always result in institutional action. Thus, the woman who had suffered
sexual violence within her own village was advised by the police to accept the verdict of a village
committee and take compensation (half of which was withheld by the same village committee for
“community improvement”):
“The villagers and the leaders insisted that it is an issue for the village to deal with, so it should
not get out of the village and it should be settled in the village itself. They say that it was a
matter of guarding the prestige of their village. If the matter goes to the police and the court,
the whole village will be in shame. So it should be managed in the village anyhow. Police
officers were also present. But the villagers too talk with the police officers and asked them not
to take this case to the police office. And then police asked me what I want to do. The police
officer said that in the opinion of the village they want to handle the case through a local
village meeting. I was not in the position to say anything because I could not go against the
villagers. So I told the police officer that I will accept the decision taken at the village meeting.”
(Woman who was sexually abused)
The widow accused of “being a loose woman”also did not receive help from the police:
"Police didn’t give me any support though I was alone. They said that I should be beaten
with water and wild. Instead of support, they made bad remarks about me and used such
words that discouraged me to seek help from any police station in the coming future. I never
expected such behavior from them but they treated me like that."
(Woman who was a widow)
The woman who had been trafficked to India but managed to return to Nepal, was assisted in her
care-seeking with the support of her cousin (who had also previously been trafficked and had filed
a police report). Her first point of contact with care services was with an NGO (Shakti Samuha)
who provided her with support services, referred her to the police and put her in touch with legal
representation. This NGO was also the only service noted to provide any type of counseling service
for the women interviewed. After many months the perpetrator of the trafficking was sentenced to
170 years imprisonment.
In other cases, however, women who had not received satisfactory levels of care from the police or
other institutions found support from their own families, the NGO sector, local women’s human rights
defenders and the Women’s Rehabilitation Centre (WOREC – an NGO).  
2.4.6 Barriers to care-seeking
Interviews identified a number of barriers to receiving care. We have conceptualized these into two
distinct categories – barriers relating to the individual woman, and barriers relating to the support
services themselves. This categorization fits with well-established frameworks to define health care
seeking behavior patterns and outcomes of health service utilization (e.g. see Aday and Andersen
1974, or Ajzen, 1991).
Tracking cases of Gender-based violence in Nepal
29
•	 Barriers among women themselves
As noted above, access to care – i.e. seeking the formal support to which women are entitled
– first of all relies upon women knowing that the services are available to them. In some cases,
the absence of any knowledge about where to go, and who to turn to for help, was the most
important barrier to women’s care-seeking:
“I didn’t have any idea where to go and where to seek help. I was scared on the part about
how to go and how to report. I was worried they would humiliate me.”
(Woman who suffered sexual violence)
For other women, their stated rationale for not seeking care lay in perceptions of negative
outcomes for those around her if she seeks care. The woman who had suffered domestic violence
from her spouse indicated that fear of bringing ‘shame’ on her family had held her back from
seeking care; while the victim of severe sexual assault was concerned about how her community
would be perceived in the future:
“I have talked with my father and brother. They just keep quiet and ask me to keep quiet….I
just endure everything because it would harm the reputation of the family.”
(Woman who suffered domestic violence)
“I was scared on the part about how to go and how to report. ….The villagers were saying
that the issue of the village should not go outside”
(Woman who suffered sexual assault )
•	 Barriers at the level of the support services
Women identified constraints within the support services – particularly police services - as being
barriers to care seeking. These constraints ranged from perceptions around the [poor] quality of
care that women might receive, to concerns around the futility of care-seeking in an unsupportive
environment:
“People say not to go. Because they say that police don’t help. I too feel the same. They
don’t help. Because other people think so, so I believe the same.”
(Woman who suffered domestic violence)
“I was worried they would humiliate me [if she sought care from support services]”
(Woman who suffered sexual assault)
Moreover, when women do actually overcome individual and institutional barriers to care-seeking,
they are not guaranteed a supportive environment from the care services themselves. For example,
the widow who had been abused met with hostility when she finally reached a police station:
“I tried to give an explanation about my innocence but policemen didn’t listen to me. Rather
they were also accusing me. Policemen were commenting bad words to me.”
(Widow who had been abused)
In summary, women had varied and differing pathways of care seeking. They did not cite one single
source of care and support but received multiple inputs. In some cases women did not receive the
care to which they are entitled under Nepali law, or were actively blocked from pursuing justice. A
mixed picture of support offered and accessed emerges from these interviews: women are often
unaware of the services available to them, fear lack of support from the services, and even when they
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TrackingCasesofGBV

  • 1. Tracking Cases of Gender-Based Violence in Nepal: Individual, institutional, legal and policy analyses 2013
  • 2. This report provides the result of a study undertaken by the University College London (UCL) in partnership with the Centre for Research on Environment, Health and Population Activities (CREHPA). The overall purpose of this study was to map women’s experiences of seeking care, support and redress when they have been the victims of Gender-Based Violence (GBV), and thereby to identify barriers and opportunities to both women’s care seeking, and to improving the policy and programmatic environment. Disclaimer This report was prepared by the University College London in partnership with the Centre for Research on Environmental Health and Population Activities. The study was supported with UK aid from the UK Government and UNFPA, United Nations Population Fund, and United Nations Entity for Gender Equality and the Empowerment of Women (UN Women). The opinions expressed in the report are those of the authors and do not necessarily reflect those of the development partners. Note The designation employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of UNFPA, UN Women and UK aid concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Acknowledgements We are grateful to the University College London (UCL) and the Centre for Research on Environment Health and Population Activities (CREHPA) for conducting this study. We are most grateful to Honorable Ms. Sheikh Chand Tara, Chair National Women’s Commission (NWC) and Honorable Ms. Mohna Ansari, Member, NWC for their guidance throughout the study as Chair of the National Advisory Committee. We express our sincere gratitude to other members of the Advisory Committee: Dr. Karuna Onta (DFID), Mr. Bharat Raj Sharma (MWCSW), Mr. Ratna Kaji Shrestha (International Court of Jurists), Ms. Pinky Singh Rana (Saathi), Ms. Pratisha Dewan (UNICEF), and Mr. Sabin Shrestha (Forum for Women, Law and Development) for their technical support. We acknowledge the support of Ms. Renuka Gurung (Former Staff of ESP/DFID), Ms. Sudha Pant, Ms. Upama Malla, (UNFPA) and Ms. Purna Shrestha (Former staff of UN Women) for coordinating and providing technical support to the study. We acknowledge the contribution of Ms. Kiran Bhatia (UNFPA, Asia Pacific Region) for technical review and feedback. We thank Mr. Durga Khatiwada and Ms. Nerine Guinee (UN Women) and Mr. Ganesh Chaulagain (Former Staff of UNFPA) for their input to the draft report. We appreciate the support of the national and district stakeholders to the study team. Most importantly we acknowledge the support of the GBV survivors who shared their personal experience in this study, without which the study would not be complete. UNFPA - because everyone counts
  • 3. Tracking Cases of Gender-Based Violence in Nepal: Individual, institutional, legal and policy analyses Contributing Authors Dr. Sarah Hawkes Dr. Mahesh Puri Ms. Romi Giri Ms. Binu Lama Dr. Trilochan Upreti Ms. Shaibalini Khadka Ms. Hira Dahal Ms. Bobby Shakya
  • 4. ABBREVIATIONS CDO Chief District Officer CEDAW Committee on the Elimination of Discrimination against Women CREHPA Centre for Research on Environment Health and Population Activities DAW Discrimination Against Women DAO District Administration Office DDC District Development Committee DFID Department for International Development DPHO District Public Health Office/ Officer DRG District Resource Group DVAW Discrimination and Violence Against Women ESP Enabling State Programme FIR First Information Report FWLD Forum for Women Law and Development GBV Gender Based Violence GBVIMS Gender Bases Violence Information Management System GECU Gender Empowerment and Coordination Unit GRR Gender Role and Rights HMIS Health Management Information System ICJ International Commission of Jurists IDI In-depth Interview LDO Local Development Officer MoHP Ministry of Health and Population MWCSW Ministry of Women, Children and Social Welfare NAC National Advisory Committee NDHS Nepal Demographic and Health Survey NGO Non-governmental Organization NPA National Plan of Action NWC National Woman Commission OPMCM Office of Prime Minister and Council of Minister SLC School Leaving Certificate UCL University College London UNICEF United Nations International Children's Emergency Fund UNFPA United Nations Population Fund UN Women United National Entity for Gender Equality and the Empowerment of Women VAWG Violence Against Women and Girls VDC Village Development Committee WCDO Women and Children Development Office WHO World Health Organization WOREC Women's Rehabilitation Center
  • 5. Table of Contents Page No. Abbreviations …………………………………………………………………………………………………………………………………....... i Executive Summary ..................................................................................................... 1 CHAPTER 1 .................................................................................................................. 5 INTRODUCTION ........................................................................................................... 5 1.1 Background ................................................................................................................................... 5 1.1.1 Country context - the extent of violence against women in Nepal ............................................... 6 1.2 Justifications of the study ............................................................................................................. 8 1.3 Study objectives ........................................................................................................................... 9 1.4 Study methodology ...................................................................................................................... 9 1.4.1 Legal and policy review ................................................................................................................ 9 1.4.2 Review of secondary data sources ............................................................................................... 9 1.4.3 Media analysis .............................................................................................................................. 9 1.4.4 Identification of ‘emblematic’ GBV cases and in-depth interviews .............................................. 10 1.4.5 Stakeholder mapping and analysis ............................................................................................... 13 1.4.6 In-depth interviews with District level stakeholders ................................................................... 13 1.4.7 Interviews with National level Stakeholders ............................................................................... 14 1.4.8 Assessing resource allocation and utilization .............................................................................. 14 1.5 Research instruments .................................................................................................................. 14 1.6 Recruitment and training of study team ..................................................................................... 14 1.7 Data collection ............................................................................................................................. 15 1.8 Data management and analysis ................................................................................................... 15 1.9 Research governance ................................................................................................................... 15 1.10 Ethical considerations .................................................................................................................. 15 1.11 Challenges .................................................................................................................................... 16 1.12 Report structure ........................................................................................................................... 16 CHAPTER 2 .................................................................................................................. 17 FINDINGS ................................................................................................................... 17 2.1 The overarching legislative and policy framework ....................................................................... 17 2.1.1 International laws and obligations ............................................................................................... 17 2.1.2 National laws addressing GBV ..................................................................................................... 18 2.1.3 Gaps in current laws .................................................................................................................... 18 2.1.4 Implementation of laws and policies ........................................................................................... 19 2.2 Analysis of secondary data sources ............................................................................................. 19 2.3 Media content analysis ................................................................................................................ 22 2.3.1 Quantitative findings .................................................................................................................... 22 2.3.2 Qualitative findings ..................................................................................................................... 22 2.4 Experiences of Violence – interviews with survivors of GBV ...................................................... 23 2.4.1 Socio-demographics .................................................................................................................... 23 2.4.2 Knowledge of laws, policies and women’s rights to a violence-free life ...................................... 24 2.4.3 Root causes of violence ............................................................................................................... 24 2.4.4 History of violence suffered and its consequences for women’s lives .......................................... 25
  • 6. 2.4.5 Coping and care-seeking .............................................................................................................. 28 2.4.6 Barriers to care-seeking ............................................................................................................... 28 2.5 Stakeholder mapping ................................................................................................................... 32 2.6 Perspectives of District Level Stakeholders on Addressing GBV .................................................. 33 2.6.1 Chief District Officers ................................................................................................................... 33 2.6.2 Women and Children Development Officers (WCDOs) ................................................................ 34 2.6.3 Local Development Officers ........................................................................................................ 35 2.6.4 District Public Health Officers ...................................................................................................... 35 2.6.5 Local media representatives ....................................................................................................... 36 2.6.6 Representatives from the Women’s Cell ..................................................................................... 37 2.6.7 District Attorneys, District Judges and District Bar Association ................................................... 37 2.6.8 Staff of Non-Governmental Organisations .................................................................................. 38 2.6.9 UN Staff ....................................................................................................................................... 39 2.7 Interviews with National Level Stakeholders .............................................................................. 40 2.7.1 Women’s risk of GBV and their care-seeking practices ............................................................... 40 2.7.2 The legal and policy environment ............................................................................................... 40 2.7.3 The institutional environment .................................................................................................... 41 2.7.4 Agents of change ........................................................................................................................ 41 2.7.5 Recommendations for change .................................................................................................... 42 2.8 Resource Allocation .................................................................................................................... 43 Chapter 3 ................................................................................................................... 44 Discussion, Limitations and Recommendations ........................................................... 44 Study Limitations ...................................................................................................................................... 44 Legal and policy context ........................................................................................................................... 44 Accountability .......................................................................................................................................... 49 Summary of recommendations, actions, and proposed institutional responsibility to achieve the recommendations ............................................................................................................ 52 References ................................................................................................................. 54
  • 7. Tracking cases of Gender-based violence in Nepal 1 Executive Summary This report presents the results of a survey of individual, institutional, legal and policy responses to experiences of violence against women and girls (VAWG) in Nepal. Through a detailed understanding of the experiences of 6 women who have suffered violence, we have reviewed how and where women seek care and support, and explored reasons for not seeking care. We have reviewed the mechanisms for institutional accountability, collaboration and co-ordination, and have engaged with multiple stakeholders to understand the barriers and opportunities for improving institutional responses. In addition, we have looked in detail at the legal and policy environments which, in theory, both protect and promote the rights of women and girls to live a life free of violence, and ensure they have a right to care and support when needed. The findings from the report make for sobering reading. It is well documented that women and girls in Nepal face multiple burdens of violence – physical, sexual, emotional and structural. Moreover, it is understood that these same women may face discrimination and suffer stigma, shame and social isolation if they seek care and support for the violence they suffer. What we have documented in this report are the accounts of six women who have suffered abuse (ranging from trafficking through accusationsofwitchcraft,todowry-relatedviolence)andwhocameintocontactwithserviceproviders who were mandated to provide help to them. While there were positive stories of institutional accountability, not all women received the help to which they were entitled. Thus, while the perpetrator of trafficking was finally sentenced to a lifetime in jail, the men who sexually assaulted one woman were fined by an ad-hoc village committee who promptly kept half the money for themselves. Our review of the legal and policy environment for addressing both the drivers of and responses to violence against women and girls in Nepal highlights that there are a wide variety of legal provisions designed to protect and promote women and girls against violence, discrimination and abuse. However, as the two examples above illustrate, women’s experiences of the formal support systems are, at best, unpredictable – and sometimes were found to be obstructive and unhelpful too. The report is divided into three main sections – the first, introductory, chapter gives background information on what is known about the situation of violence against women and girls in Nepal, and describes the study methods. These include both quantitative reviews of reported cases of GBV (assessed through media reports as well as reviews of institutional record-keeping, mainly at national level), and qualitative interviews with the six women as well as with a number of key stakeholders at national and district levels. Interviews with policy makers focused on reviewing institutional perceptions of opportunities for improving responses to VAWG, while district level interviews focused more on understanding individual and institutional roles and responsibilities. The second chapter presents the key findings. Our review of both international commitments and national laws and policies to address VAWG finds that there is a generally protective and supportive environment to promote and protect the rights of girls and women. Through constitutional provisions, legal provisions, special laws and procedural provisions, these rights include the rights of all people to live a life free from violence. However, the mechanisms for implementation, monitoring and ongoing evaluation of these laws and policies are not well implemented. Although institutional accountability mechanisms do exist (see, for example, Table 2.2 which highlights which institutions are responsible for implementation of which law), they are poorly implemented. A key finding in the second chapter relates to the lack of standardized monitoring, collation, evaluation anddisseminationofdataaroundcasesofVAWG.Majorinstitutionshavedevelopedtheirownsystems for record-keeping: thus making cross-institutional comparisons very challenging, and resulting in a
  • 8. Tracking cases of Gender-based violence in Nepal 2 fragmented understanding of the exact burden of VAWG in the country or the effectiveness of any interventions to address the problem. Our interviews with women were undertaken to understand what factors might have precipitated their experiences of violence, and how they made decisions around care seeking and support. In general, women’s vulnerabilities to violence were already well known in Nepal – but were starkly illustrated in some of the women’s life stories of lack of knowledge around their rights, or agency to realize their rights. Women often hid their suffering from others for a long time, and when they did finally seek care, it was often from family and friends rather than through formal support mechanisms. Once in the formal care system, as noted above, women had unpredictable experiences – some good, some bad. The lack of a predictable pathway of care is a cause for concern. Key stakeholders at national and district levels were selected on the basis of a stakeholder mapping exercise which assessed respondents on their likely level of power, interest and commitment to address the problem of VAWG. Stakeholders at district level ranged from Chief District Officers, to public health officials. The national level stakeholders were often in senior positions in Government Ministries or autonomous institutions with a key role in policy and practice to address VAWG. Interviews focused on understanding respondents’ knowledge of their roles and responsibilities, institutional mechanisms for monitoring and evaluation of case management, collaboration with other institutions, and suggestions for improvements in the current system. In general, while interviewees were aware that VAWG is a problem in Nepal, and were keen to address the problem, at District level in particular, they were often lacking in knowledge about their own (institutional) responsibility to act. Thus, for example, awareness of institutional policies and guidelines for dealing with cases of VAWG was often lacking. Record keeping was generally poor, and few respondents at District level were aware of any evaluation or analysis of the records/data that they did keep. MechanismsforaccountabilitytoensurethatcasesofVAWGweredealtwitheffectively(andaccording to principles of equity and fairness), were notable by their almost universal absence. At national level, while mechanisms for collaboration and co-ordination among agencies were noted, these did not extend to inter-agency agreement on such basic concepts as standardized case definitions, centralized monitoring of cases, or implementation of accountability mechanisms. In summary, VAWG is a pervasive and persistent problem in Nepal, and our study has confirmed that individual women suffer prolonged abuse and humiliation and fear societal retribution and “shame” if they make their sufferings known to others. Social norms (including gender norms) may be acting to perpetuate women’s vulnerability. While institutions and organisations mandated to provide care and support to women and girls (either to prevent violence, or to care for those who have suffered violence) are plentiful, recommendations for improvements in the implementation of existing laws, policies and guidelines have been highlighted in the final section of this report – discussion, limitations and recommendations. We identify three key areas for action: (1) addressing women’s level of knowledge about their rights and increasing their agency to act; (2) promoting gender-transformative social norms that focus on men’s roles and responsibilities for ensuring girls and women live a life free of violence; (3) strengthening mechanisms for monitoring, evaluation and institutional accountability. Each of these areas is explored in the final chapter in detail, and key actions to achieve each recommendation, along with institutional responsibility, are detailed as follows:
  • 9. Tracking cases of Gender-based violence in Nepal 3 Key recommendations arising from the study 1. Address gaps in laws and policies • Amend the Domestic Violence Act • Review the timeframe and processes for filing rape cases • Review punishments for some forms of violence • Introduce legal provision for violence associated with accusations of witchcraft Action by: Parliament, Prime Minister’s Office, Ministry of Law and Justice, Ministry of Women, Children and Social Welfare, Attorney-General’s Office 2. Improve women’s access to and experience of the justice system • Conduct research to improve understanding of ‘compromise’ deals and work with the justice system to reduce the incidence of out of court settlements • Include GBV in pre-service training for police officers and ensure there is at least one officer in every police station who is trained to deal with cases of GBV • Pilot and introduce fast track courts for cases of GBV Action by: National Women’s Commission, donors, UN agencies, women’s rights organisations, police service, Ministry of Law and Justice, Supreme Court, Attorney-General’s Office, Nepal Bar Association, district courts 3. Improve awareness of laws, policies and guidelines among key district stakeholders • Review all relevant sector guidelines for provision of GBV-related services • Ensure policies and guidelines are available in relevant institutions and train district staff • Support exchange of experience between districts performing well and less well Action by: Ministry of Women, Children and Social Welfare, other relevant ministries and their district level line agencies, UN agencies, donors 4. Strengthen district coordination and implementation • Establish clear guidelines and standards for coordination, orient district level concerned authorities, and monitor implementation of coordination mechanisms • Establish guidelines for referral between e.g. health, police, justice systems, NGOs, women’s shelters, women’s human rights organisations • Monitor expenditure against budget and introduce incentives to use allocations for GBV action • Increase budget transparency so civil society actors can hold district authorities to account Action by: Ministry of Women, Children and Social Welfare, Ministry of Home Affairs, other ministries and their district level line agencies, Ministry of Finance, civil society, media 5. Strengthen mechanisms for monitoring and accountability of service delivery • Agree a set of indicators for monitoring service delivery, quality and outcomes across all sectors • Consider how systems used to learn from mistakes and improve service delivery in other sectors e.g. Maternal Death Review, could be adapted for cases of GBV, and pilot case reviews • Strengthen district capacity for monitoring, reporting and data analysis
  • 10. Tracking cases of Gender-based violence in Nepal 4 • Engage the media in monitoring service delivery and outcomes Action by: GECU, Ministry of Women, Children and Social Welfare, UN agencies 6. Increase women’s awareness of laws, rights, services, and how to complain about poor service • Implementa national multi-media campaign using radio,TV,theatre,SMS, including stories of women whose cases have been handled well to encourage others to seek services • Evaluate ‘open surgeries’ where women’s rights defenders and officers from women’s police cells meet the community and, if effective, support scale up of this approach • Expand school interventions to educate boys and girls about laws, rights and services • Train female community health volunteers to conduct GBV awareness programmes • Identify lessons learned from efforts to address shame and stigma associated with HIV and TB Action by: Ministry of Women, Children and Social Welfare, Women and Children Development Officers, Human Rights Commission, media, NGOs, women’s organisations, human rights defenders, paralegal committees, national and district education and health sectors, UN agencies, donors 7. Strengthen action to prevent violence against women and tackle harmful social norms • Work with men and boys to raise awareness and promote ‘zero tolerance’, of violence against women, through advertising, media, community and school-based interventions • Promote awareness of women’s legal rights to property and inheritance • Conduct analysis of the economic cost of gender-based violence Action by: Ministry of Women, Children and Social Welfare, Ministry of Education, paralegal committees, women’s human rights defenders, political and community leaders, NGOs, media, Ministry of Finance, UN agencies, donors 8. Improve the evidence base • Establish a working group to agree on standard definitions to be used by all relevant agencies • Develop and implement a common framework for recording and reporting cases of GBV • Identify an institutional lead to collate, analyse, report on and disseminate national data on GBV • Review the evidence for ‘what works’ for gender transformative approaches to addressing and preventing violence against women in Nepal, with a focus on the role of men and boys Action by: GECU in the Prime Ministers’ Office with relevant ministries and agencies This report is the result of four intensive months of research, but builds on many years of individual and institutional experiences grappling with the issue of VAWG in Nepal. We hope that the recommendations may go some way to achieving a more flexible and responsive environment for women and girls at risk of/suffering from violence, and, ultimately, towards reducing their risks in the first place.
  • 11. Tracking cases of Gender-based violence in Nepal 5 CHAPTER 1 INTRODUCTION 1.1 Background Violenceagainstwomenandgirls(VAWG)iswellrecognizedasahumanrightsviolation.TheConvention for the Elimination of Discrimination against Women (CEDAW) and the UN article that prohibits torture (UN, 1984) have both brought VAWG out of the private and into public spheres globally and in doing so have recognized VAWG as an infringement of women’s basic human rights. The impact of VAWG as a public health problem with legal, social, cultural, economic and psychological dimensions has been increasingly articulated (UNFPA, 2010). In 1996, the World Health Assembly declared VAWG to be major public health problem that urgently needed to be addressed by governments and health organizations (WHO, 1996). Violence against women (in its broadest sense) can occur throughout women’s lives over the course of the lifecycle, irrespective of class, caste/ethnicity, social status, race, nationality or any other defining features (CRDC, 2002). It is estimated that globally one in three women is abused during her lifetime, and 8-26% of women and girls report having been sexually abused as children or adults (Holden, 2003). VAWG that occurs in the domestic sphere and is perpetrated by their intimate partners, including spouses, is a particular problem, with between 13% and 61% of women worldwide reporting physical domestic violence in their lifetime (Crowell et al 1996; CRDC, 2002; Kishor et al 2004). A global review of the scope and magnitude of VAWG identified a number of types and perpetrators of violence – these included episodes of violence in the domestic and societal realms, violence by individuals, and institutional and organisational violence perpetrated by state actors and others (Watts and Zimmerman, 2002). Different types of violence against women were found to be prevalent throughout the life-cycle of women, and violence was found to be a global phenomenon. Further evidence of the extent of violence against women comes from a multi-country study which collected data from over 24,000 women across 15 sites in 10 countries. Between 15 and 71% of women reported ever having experienced sexual or physical violence perpetrated by an intimate partner in their lifetime, while violence from a non-partner ranged from 5-65% (WHO, 2005). The WHO study found a number of characteristics associated with a higher prevalence of violence; these included: individual level attributes (young age, limited education, lower socio-economic status); partner attributes (alcohol or drug use limited education); family attributes (economic stress, male dominance); community attributes (gender inequality, lack of cohesion); and societal level variables (regressive gender norms, lack of female autonomy, restrictive laws) (WHO, 2005). Violence against women as a sub-category of broader gender-based violence (GBV), is typically enmeshed in a complex web of institutionalized social relations that reinforce women’s vulnerability. For example, women may endure men’s violence because they see no acceptable alternatives, and their lack of alternatives is often part of a larger cultural logic that sanctions violence. Violence against women prevents women from exercising their legal rights to property inheritance, constrains their ability to take advantage of economic opportunities and keeps them in their homes. Moreover, there is concern that if and when women/girls do seek care and support in the formal sectors (e.g. in the legal, police, health or other social sectors), they may not be able to fully actualize their rights to service support and provision. Gender based violence causes a host of health problems that limit women’s growth and productivity, impede the well-being of families and communities, strain health systems’ resources, and hinder governments from achieving their national goals related to health and women’s advancement. For
  • 12. Tracking cases of Gender-based violence in Nepal 6 example, studies show links between domestic violence against women and their emotional and physical health (Watts and Zimmerman, 2002). Physical abuse is associated with acute and lasting mental illness (NRC, 2003; Mullen et al, 2000; Danielson et al 1998), stress-related physical illness (Butterwith 2004; Campbell et al, 2002; Sutherland et al 1998), gynecological problems (Butterwith et al 2004; Coker et al 2000; Letoourneau et al 1999; Golding, 1996; Wingwod et al 2000 and Johnson et al 2004), underweight (Plichta and Abraham 1996) and risk factors for chronic illness (Pilchta and Abraham, 1996; Bailey and Daugherty, 2007). In pregnancy, such violence is associated with poor nutrition (Lemon et al, 2002), low maternal weight gain, smoking and alcohol use, infections, anemia (Kearney et al, 2003), and maternal mortality (McFarlane et al, 1996). Children’s exposure to domestic violence against women also has important adverse effects. Studies show that violent arguments between parents are associated with children’s non-organic failure-to-thrive, lower caloric intake, higher risks of wasting (Pilchta and Abraham, 1996) and poorer growth in infancy and into childhood. Women who have been physically or sexually assaulted also tend to be intensive long-term users of health services but may also have lower use of important preventive services, such as prenatal care (Rao, 1998). 1.1.1 Country context - the extent of violence against women in Nepal Women and girls in Nepal are exposed to a variety of forms of violence, many of which are suffered by women/girls globally, and others which are more commonly seen in Nepal than elsewhere. Empirical studies in Nepal have documented the prevalence of sexual violence suffered by 12% to 50% of women (SAATHI, 1997; WOREC, 2002; Deuba et al 2005; Puri et al, 2007; Puri et al 2010, Puri et al, 2011, Puri et al, 2012). Violence against girls and adolescents is also prevalent: a recent study, Sexual Violence Assessment in Seven Districts of Nepal, revealed a high prevalence of sexual violence against adolescent girls in Nepal. The study found almost one in ten girls (9.8%) reported experiencing sexual violence. This figure is substantially higher than the rate reported in the same age group in the Nepal Demographic Health Survey 2011- 4.6% of girls aged 15-19 years reported experiencing sexual violence (MoHP, New Era and International Inc 2012)[Himalayan Human Rights Monitors/PPCC supported by the Enabling State Programme (ESP/DFID), December 2012)], but both figures highlight the common nature of the problem. Physical violence is also widespread. The 2011 Nepal Demographic and Health Survey found that more than one in five (22%) women age 15-49 years reported experiencing physical violence at some point since the age of 15 years; among whom 9% were physically assaulted in the last year, either regularly (2%) or infrequently (7%). Older, married, rural and Terai women were more likely to report physical violence than other groups of women. Moreover, 12% of women in the DHS reported ever experiencing sexual violence (NDHS, 2011). ‘A study on Gender Based Violence conducted in selected rural districts of Nepal’ conducted by OPMCM/TAF/CREHPA revealed that almost half of women (48%) had experienced violence at some time in their lives, and 28% had experienced violence in the past 12 months; where emotional violence (40.4%) was most commonly reported type of violence followed by physical violence (26.8%), sexual violence (15.3%) and economic abuse/violence (8%) (OPMCM, 2012). The Nepal DHS 2006 also questioned men in the population, and found that 21% of male respondents feel that a husband may be justified for beating his wife (NDHS, 2006). Previous studies in Nepal have identified a variety of factors, including legal subordination, economic dependency, cultural obligation and social position of women, that construct and reinforce male dominance and female subservience so thoroughly that neither the violence nor the failure to complain about it are unusual (Paudel, 2011). Furthermore, women’s lack of autonomy, high economic dependency on their husbands, men’s perceived entitlement to sex, lack of education and knowledge of sexuality, marriage practices (particularly early marriage), lack of family and legal support to women, and husband’s use of alcohol, are all noted to contribute to risk of violence (Deuba et al 2005; Puri et al, 2007; Puri et al 2010; Puri et al, 2011; Puri et al 2012; OPMCM, 2012).
  • 13. Tracking cases of Gender-based violence in Nepal 7 As a result of determinants operating the level of individuals, families, communities and the wider society, women and girls in Nepal suffer from a variety of types of violence including: sexual exploitation (trafficking, forced sex, sexual harassment), domestic violence (i.e. spousal abuse), family abuse (polygamy, child marriage, widow abuse, dowry related violence, emotional and mental abuse), accusations of witchcraft (Boxi) and bonded labour (Kamalari). Although the Interim Constitution of Nepal gives every citizen the right to practice their own cultural customs and rituals, Nepali law prohibits some harmful customs and rituals. Nonetheless, pervasive traditional practices contribute to women’s risks of violence. For example, within the Badi community (inmid-westernTeraidistrict)manywomenareforcedintocommercialsexwork,with30-40%reported to be girls below 15 years. Trafficking of young women from Nepal to India for sexual exploitation is a particular problem. Between5,000 to 7,000 Nepali girls are trafficked every year across the border to India. Most end up as sex workers in brothels in Mumbai, Calcutta and New Delhi (Simkhada, 2008). It is estimated that a total of 200,000 Nepali girls and women have been sex trafficked to India (Sethuraman, 2008). Half of those trafficked are under 16 years of age when trafficked and one quarter are below 14 years of age (Hasselman et al, 2006). The Deuki tradition involves families offering young girls to temples for ceremonial purposes; however girls often experience sexual exploitation and may enter sex work to earn a living (ESCAP, 2009). Similarly, the Jhuma are Sherpa who traditionally send second-born daughters to monasteries as an offering to ensure the well-being of the girls’ family. Dalit (traditionally categorized as “untouchable”) women face multiple discriminations, including a higher risk of being accused of witchcraft than the rate seen among non-Dalit women. Menstrual seclusion (Chaupadi) is a social tradition for the Hindu women in the mid and far western part of Nepal that prohibits them from undertaking the usual activities of daily life during the time of menstruation because they are considered impure. The women are kept out of the house – usually living in outdoor sheds/barns. This lasts ten to eleven days when an adolescent girl has her first period, and four to seven days for every following one. The context of GBV, driven by social, cultural, religious and gender norms, is compounded by years of political conflict which increased risk of violence (Dhakal, 2008). The decade of armed conflict in Nepal contributed to GBV, particularly through rape, trafficking, sexual slavery, displacement and economic hardship, however the evidence base on the extent of this problem is not robust (OPMM, 2012). The abuse of women in armed conflict is rooted in a culture of discrimination that denies women equal status with men. Social, political and religious norms identify women as the property of men, conflate women’s chastity with family honour and legitimize violence against women. Women’s financial dependence, subordinate social status and a lack of legal support rendersthem vulnerable to continued abuse. 1.1.2 Addressing the problem of gender-based violence in Nepal When and where women seek care and support if they have suffered from violence will depend on characteristics at a number of levels: the individual woman (her level of autonomy in decision- making, her socio-economic status, etc); the family and community (cultural norms around the “expectation” and “acceptability” of violence against women); and institution-level responses (the ability of institutions to respond appropriately to the needs of women). Each of these variables can be influenced, to a greater or lesser degree, by social and political pressures and the wider legal and policy environments. ThemostrecentDHSinNepal(NDHS,2011),foundthatthreequartersofwomenwhohadexperienced physical or sexual violence at some point in their lives had not sought any help – and two thirds had never mentioned the violence to anyone. The problem of not seeking care was particularly acute among women who had experienced sexual violence – only 7% had reported the assault. Even when care is sought, it is rarely from the state sector – only 4% of DHS respondents who sought care had
  • 14. Tracking cases of Gender-based violence in Nepal 8 been to the police, and 3% to medical services. The majority of the care-seeking women had relied on friends and family for care and support (NDHS 2011). These findings led the DHS authors to conclude that “despite the efforts of the Ministry of Women, Children, and Social Welfare and nongovernmental organizations to cater to victims of violence, the data suggest that few abused women are accessing these services” (NDHS, 2011). The Government of Nepal has been seen to be taking the issue of gender-based violence (GBV) in general, and violence against women in particular, seriously. The issue carries a high level of political salience, as witnessed by the establishment of a Prime Ministerial Unit to address GBV, and the formulation and implementation of a National Action Plan along with a National Steering Committee. These actions are supported by a legal and political environment which, in theory, is protective of gender equality, promotes the notion of equal rights for women, and punitive towards those who are violent to others. Nonetheless, although high on the political agenda, there are still widely recognized gaps in both the evidence base concerning the extent of GBV in Nepal, and the effectiveness of the response mechanisms. The purpose of the study detailed in this report is to address some of the current gaps in the evidence base in Nepal by undertaking a comprehensive review of the responses (institutional, social, political) to high profile cases of GBV in Nepal. 1.2 Justifications of the study On 25 November 2009, the International Day for on Elimination of Violence against Women and the beginning of the sixteen days of activism against gender based violence, the former Prime Minister of Nepal declared 2010 the year to end GBV. As part of this announcement, the former Prime Minister established a GBV unit (now it is called GECU-Gender Empowerment and Coordination Unit) within his office to monitor and collect data on GBV. A National Action Plan (2010) was launched, and a National Steering Committee-chaired by the Chief Secretary and co-chaired by the Secretary, Ministry of Women, Children and Social Welfare, was formed to monitor the implementation of the Action Plan. Sectoral Implementation Plans to support the National Action Plan have subsequently been developed. Since the Prime Minister's Announcement there have been a number of ‘high profile’ GBV cases reported in local and national media, including sexual assault and ‘witchcraft’ cases. These cases, coming on top of a background of persistent and pervasive violence against women, have raised issues including: • How effective Nepal's national security, judicial, health, psycho-social and welfare systems have been in responding to such GBV cases; • Whether the new national legal and policy frameworks since 2006, including the Gender EqualityAct,2006,theInterimConstitution,2007,theHumanTraffickingandTransportation (Control) Act, 2007 and the Domestic Violence (Crime and Punishment) Act, 2009 have been effective in helping GBV survivors attain the justice, security, psycho-social care and possible livelihood opportunities they need; • How informal institutions constrain or support women's protection and access to services and seeking justice; and • What are the main barriers and challenges in women accessing support, and how these can be addressed. In order to gain better understanding of how government systems respond to reported GBV cases, the adequacy of the response, and how to strengthen policies for better implementation and response to GBV survivors within these systems, the United Nations Population Fund (UNFPA), the Department
  • 15. Tracking cases of Gender-based violence in Nepal 9 for International Development (UK AID) through the Enabling State Programme (ESP) and the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) co-funded a study to address these and other issues. 1.3 Study objectives The overall purpose of this study was to map women’s experiences of seeking care, support and redress when they have suffered GBV, and thereby to identify barriers and opportunities to both women’s care seeking, and to improving the policy and programmatic environment. More specifically, this research was designed to: • Understand how and why women make choices and seek support • Examine the role of key community members in supporting women - • Toassessesinterestsandincentivesofpower-holdersinkeyformalandinformalinstitutions • Understand roles of formal institutions and informal norms and values in working together and independently to support or block women from care-seeking • Examine the effectiveness of different systems mandated to provide care and support • Assess operational strengths and weaknesses within and between the systems and institutions. 1.4 Study methodology A number of qualitative and quantitative research methods were used in this study. 1.4.1 Legal and policy review A review of the legal and policy framework surrounding gender based violence in Nepal focused on the following areas: • Outline of laws addressing GBV, including procedural aspects of implementation of the laws and policies; • Institutional structures for implementing these laws • Institutional structures for monitoring the laws and mechanisms for accountability The following documents were included in the review: • Interim Constitution of Nepal, 2007 • General Code (MulukiAin), 1963 plus amendments • Domestic Violence (Offence and Punishment) Act, 2009 • Human Trafficking and Transportation Control Act of 2006 • Amendments to the Act to Maintain Gender Equality, 2006 • Social Behaviors Reform Act, 1971 • Regulations for the GBV Elimination Fund • Public Offence(crime and punishment) Act, 1971 1.4.2 Review of secondary data sources Using secondary sources (media reports, police reports, court reports and NGO reports), we recorded the number of reports of VAWG over a two-year time frame (2010-2012) in each of the study Districts. The reports were classified according to type of violence that women reported. 1.4.3 Media analysis The media analysis had two key objectives: a quantitative review of the number of cases of GBV reported in the online and print media within the past yearand a qualitative review of selected cases to be “tracked” during the study.
  • 16. Tracking cases of Gender-based violence in Nepal 10 For the quantitative review we conducted a web-based search on the websites of the following newspapers: Kantipur Daily, Annapurna Daily, The Himalayan Daily, the Kathmandu Post Daily, and Republic Daily. E-news sites were searched using the following key words: ‘gender based violence’, ‘domestic violence’, ‘trafficking’, ‘rape’, ‘sexual violence’, ‘polygamy’, ‘widow abuse’, ‘witchcraft’, ‘harmful practice’, ‘early marriage’, ‘dowry’. In addition we hand-searched the archives of print media looking for stories reporting on VAWG. Cases of VAWG reported in the media were recorded and disaggregated by type of violence. Qualitative analysis served two purposes. Firstly, the identification of 3 “cases” for in-depth review and interview. These “cases” were selected on the basis of criteria established by the Study’s Advisory Group meeting in November 2012. The “cases” selected from media reports were added to those selected by the Advisory Group, giving a total of 6 selected “cases”. Media reports on the stories of each of these women were then analysed to review their histories in depth prior to interviews at District level. The second purpose of the qualitative review of media reports was to analyse the content and direction of media coverage of GBV including VAWG. Editorial direction was analysed, and subjective assessments made of the focus of media reports. 1.4.4 Identification of ‘emblematic’ GBV cases and in-depth interviews On the basis advisory group suggestions and supplemented by media analysis, 6 “emblematic” cases of gender-based violence in Nepal were selected. The final selection of cases was based on criteria set out by the advisory group: • Case must be reported in media and not earlier than the year 2010 • Age of survivors must be 18 and above years • Case must fit into one (or more) of the following categories:  Dowry-related violence  Rape including gang rape  Witchcraft accusation  Trafficking  Domestic violence perpetrated by husband  Widow abuse • Willingness to give consent for an interview • Possibility of access to the people involved Women were identified in five Districts – see Figure 1.1.
  • 17. Tracking cases of Gender-based violence in Nepal 11 Dang Mahottari Jhapa Sindhupalchowk Kavre Figure 1.1 Map of Nepal showing the locations of the six women interviewed in the study
  • 18. Tracking cases of Gender-based violence in Nepal 12 Table 1.1 details general information about the 6 women selected for inclusion in this study. Table 1.1 List of six cases selected for the study Types of Violence District Date of event Brief summary of event Dowry related violence (Tortured) Mahottari Dec 2011 Tortured by her in laws for insufficient dowry. The case is registered at the GEC unit at the Prime Minister's Office. WCDO is helping the woman. Sexual Violence (Gang rape) Mahottari Jan 2011 A woman was raped by two local men while she was returning from the bazaar where she was selling fruit– earning her living after the death of her husband. The community meeting decided that she should leave the village as she would set negative example to other girls and the perpetrators should pay a fine of Rs 20,000 each. The meeting also decided that half of the money would be used for community development. Domestic Violence (burnt by husband) Jhapa Sep 2011 A woman aged 23 was burnt by her husband on the grounds of insufficient dowry and giving birth to a daughter. Witchcraft Accusation Dang May 2011 Beaten brutally and accused by her neighbours of practicing witchcraft. She was forced to leave the village. Later, with the help of local police, NGOs and NHRC, she resettled in the village. The perpetrators were made to pay a fine of Rs 5,000 by the district court. Widow Abuse (physical violence) Kavre Mar 2012 A single woman was tortured by her own son and in-laws who blamed her for an illicit relationship with maternal uncle. The case is currently in the district court. Trafficking Sindhupalchowk Jul 2012 An illiterate girl, 19, sold to a brothel in India by a close relative. Escaped from brothel with the help of a customer and returned to Nepal and filed a case against perpetrators with the help of a NGO. District Court has sentenced the main perpetrator to 170 years of imprisonment. In-depth interviews were carried out with all 6 women by trained interviewers and focused on the following: • “Story” of violence suffered • History of care-seeking and coping mechanisms • Support received, and facilitating factors in receiving that support • Outcome of support • Barriers faced, and perceived reasons for these barriers • Suggestions for changes to reduce GBV and improve institutional responses
  • 19. Tracking cases of Gender-based violence in Nepal 13 1.4.5 Stakeholder mapping and analysis A stakeholder mapping was conducted in order to identify critical stakeholdersand to map their perceivedinstitutional interests, power and positions. This stakeholder mapping exercise was conducted through a meeting involving key informants who were well placed to understand the GBV/ VAWG landscape in Nepal. Stakeholders were identified separately at national and District levels. These stakeholder maps then formed the sampling frame for the selection of key stakeholders for interview at national and District levels – see sections 1.4.6 and 1.4.7 (below) for further details of these interviews. 1.4.6 In-depth interviews with District level stakeholders Based on the stakeholder mapping and supplemented by media content analysis, we identified and interviewed 45 District level key stakeholders. Not all stakeholders identified in the mapping exercise agreed to be included in the interviews. Table 1.2 presents the number and types of District level stakeholders interviewed in the study. Table 1.2 Number and types of district level stakeholders interviewed Types of district level stakeholders Male Female Total Chief District Officer/acting Chief District Officer 5 0 5 District Police officer/Women’s Police cell 1 4 5 Judge of the District Court/ Registar 5 0 5 District Attorney 2 0 2 Officials of District Bar Association/Lawyer 4 0 4 District Public Health Officer 3 0 3 Women and Children Development Officer 4 0 4 Local Development Officers or GBV Focal Person at the District Development Office 3 0 3 District level media personnel 4 0 4 Local NGOs working on GBV/ Women’s Human Rights Defenders 2 6 8 Local UN staff 2 0 2 Total 35 10 45 Interviews with district level stakeholders focused on the following issues: • Understanding of their own and the institutional role in addressing GBV • Institutional function (who has responsibility to implement existing policy to address GBV; who is held accountable) • Institutional relationships (e.g. understanding mechanisms of referral) • Knowledge of legal and policy environment to protect women who have suffered GBV • Attitudinal assessments on issues such as gender equality, perceptions of human rights, women’s empowerment, etc. • Description of institutional activities and actions to address GBV in the specific 6 ‘emblematic’ cases • Suggestions for changes to reduce GBV and improve institutional responses and ensure access to justice
  • 20. Tracking cases of Gender-based violence in Nepal 14 All interviews, whether with women or with key stakeholders, were taped and also recorded through note-taking by the interviewer. 1.4.7 Interviews with National level Stakeholders Interviews with key decision-makers, policy intermediaries and policy-makers were conducted in mid- January 2013. Interviewees were selected from the stakeholder mapping exercise noted above. Again, not all stakeholders identified through mapping were interviewed – participation rates depended on availability and willingness to be interviewed. Interviewees were sent an invitation letter to participate in the study, contacted by email and telephone, and interviewed generally at their place of work. Interviews focused on: • the salience of GBV policies on national agendas, • willingness to devote time, resources and political capital to addressing GBV, • perceptions of the political “palatability” of evidence-informed policy recommendations Detailed notes were taken (with permission) during each interview, and these formed the basis of the subsequent stakeholder analysis. 1.4.8 Assessing resource allocation and utilization Measuring resource allocation is a fundamental part of assessing the institutional and policy responses to GBV. We assessed resource allocation through inclusion of questions of resource allocation in the interviews with key stakeholders at both national and District levels. The questions focused on: • Knowledge of budget allocation to tackle GBV • Resource availability – human, financial and logistical • Utilization of resources • Perceptions of resource sufficiency with justifications/evidence 1.5 Research instruments The following research instruments were used to collect data: • In-depth interview guidelines with women • In-depth interview guidelines for district level stakeholders Thedraftresearchinstrumentsdevelopedduringtheproposalsubmissiontotheethicalcommittees(of both research organisations – UCL and CREHPA) were reviewed, modified and translated from English to Nepali. These instruments were modified based on comments received from UNWOMEN, ESP/UK AID, UNFPA and the Advisory Group members. A copy of the survey instruments for the interviews with women and with District level stakeholders is attached in. The national level stakeholders were interviewed to better understand the three issues noted above (section 1.4.7). No interview guides, per se, were used, but interviews followed a general pattern of attempting to discern institutional roles and responsibilities for addressing VAWG. 1.6 Recruitment and training of study team A total of 4 researchers (2 junior researchers and 2 research assistants) who were university graduates and experienced in conducting research on similar issues were hired and trained to collect data. The research assistants were given 3 days of intensive orientation on different aspects of the study, including recruitment procedures, in-depth interviewing techniques, taking field notes, and issues surrounding confidentiality and ethical procedures during data collection. The training involved short lectures, mock interviews, and role-plays. The research assistants were adequately trained in each research instrument and on the administration of specific questions. The training was conducted by
  • 21. Tracking cases of Gender-based violence in Nepal 15 the core research team (including Dr. Sarah Hawkes) at CREHPA. In addition, we hired an experienced legal analyst who reviewed the legal and policy environment for tackling GBV in Nepal. 1.7 Data collection Fieldwork was carried out between 30 November 2012 and 17 January 2013 by two (female) field teams, each comprising one junior researcher (with law background) and one research assistant. All national level in-depth interviews were conducted by the Principal Investigator of the study supported by a junior researcher. To promote and protect confidentiality, interviews were conducted in private locations convenient to the participants, within a room of their home or workplace. The field team was closely supervised by core team members to ensure work quality. The core team members reviewed transcriptions of interviews and provided feedback to the field teams. Telephonic communication with the research assistants was maintained to monitor the progress and quality of the data collection. Tape recorders were used for in-depth interviews (with the consent of respondents) and field notes were also kept. Transcription and expanding of field notes were carried out before moving on to the next interview/discussion. All transcriptions were reviewed by the core team members and word by word translation into English was carried by the translators. 1.8 Data management and analysis All in-depth interviews with district level stakeholders were tape-recorded with the consent of the participants.Dataanalysiswasguidedbythepre-determinedthemeandresearchquestions.Alltextual data were transcribed from audio-tape (or expanded from the notebook) in Nepali and translated into English. After reviewing the transcripts, the major themes were identified and summarized ranges of views expressed within themes as well as the relationship(s) between themes were summarized in grid tables with relevant quotations that illustrate the themes. Data were analyzed manually. Interview notes from the interviews with national level stakeholders were reviewed and analysed manually. 1.9 Research governance An advisory committee of 11 members under the leadership of the Chairperson of National Women’s Commission was formed before the initiation of the study. The committee members were from UK AID, ESP, UN Women, UNFPA, UNICEF, International Commission of Jurists (ICJ), National Women’s Commission, Ministry of Women Children and Social Welfare (MWCSW), SAATHI, and Forum for Law Women and Development (FLWD). The role of the advisory group was to engage with the study team at critical milestones, providing information and support and helping to ensure relevancy, essential linkages and quality assurance. The committee met twice - once before the study commencing and another when the draft report was ready for review. 1.10 Ethical considerations Ethical approvalwas received from the ethics committee of University College London (grant holders) and the institutional review committee of CREHPA to conduct the study in the country. Participants (women and key stakeholders) involved in this study were fully informed of the nature of the study, the study objectives, and the confidentiality of the data. The potential benefit and risk in participating in the study were explained to all study participants. Participants were informed that they may skip any questions they did not wish to answer and were always given an opportunity to comment or ask any questions to the researchers. The informed consent form was written in simple Nepali language, this was readout to the participants and verbal consent was obtained. The informed consent form
  • 22. Tracking cases of Gender-based violence in Nepal 16 was based on the ethical guidelines developed by WHO for undertaking GBV research (WHO, 2001). No names were entered into the textual data base and no personal identifications were used in the analysis or reports. 1.11 Challenges As with any piece of research, there are limitations both to data collection and interpretation. We have grouped these into three main areas: Firstly, due to the qualitative nature of the study the findings are descriptive rather than representative. Secondly, the purposively selected small number of GBV cases and stakeholders included in the study, limit the possibility of generalisability of findings to a wider population. One of the major challenges was the selection of 6 emblematic GBV cases. The advisory group members thought that emblematic cases as specified in the TOR were no longer relevant and a significant amount of time was spent identifying new cases. Data collection was hampered by the difficulties inherent in [rightly] identifying women on the basis of pseudonyms used in media reports. Scheduling appointments with key stakeholders at both district and national level was a major challenge. Some of the district level stakeholders particularly judges at the district court were reluctant to participate in the study. 1.12 Report structure This study report is divided into three chapters- the present chapter, Chapter 2 which presents major findings and Chapter 3 which reviews the discussion, conclusions and recommendations.
  • 23. Tracking cases of Gender-based violence in Nepal 17 CHAPTER 2 FINDINGS 2.1 The overarching legislative and policy framework 2.1.1 International laws and obligations Nepal has experienced deep political change over the past 20 years. The state was a Hindu monarchy until 1991, when it underwent reform and became a constitutional monarchy. During the 1990s Nepal made several international commitments to support human rights, women’s health and development. As a member of the United Nations, Nepal is obliged to adhere to various international treaties. The Nepal Treaty Act, 1991, Article 9, states that international laws prevail over national laws if there is conflict between two. Furthermore, national provision must be made to enact international treaties and laws. Table 2.8 highlights the main relevant international laws, treaties and declarations that have been ratified by the Nepal Government, and the date of ratification. Table 2.1 Nepal’s key international human rights and women’s health commitments Key International Human Rights treaties and women’s health and development commitments International adoption Year of accession/ ratification in Nepal Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery 1956 1963 Convention on the Political Rights of Women 1952 1966 Convention on the elimination of all forms of racial discrimination (CERD) 1965 1971 Convention on the rights of the Child (CRC) 1989 1990 Convention on the Elimination of Discrimination against Women (CEDAW) 1979 1991 Convention on Economic, Social and Cultural Rights (CESCR) 1966 1991 International Covenant on Civil and Political Rights (CCPR) 1966 1991 Convention on the Rights of Persons with Disabilities (CRPD) 2006 2010 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 1949 1995 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, 1999 1999 2007 Key international women’s health and development commitments Year of adoption Alma Ata Declaration 1978 International Conference on Population and Development Programme of Action 1994 Beijing Declaration on Women Platform for Action 1995 Millennium Development Goals 2000 Paris Declaration 2005 International Health Partnership Compact 2007 Global Strategy for Women & Children’s Health 2010
  • 24. Tracking cases of Gender-based violence in Nepal 18 As Table 2.1 illustrates, Nepal has ratified the major international covenants, treaties and commitments which enshrine rights and protection for all her citizens. Furthermore, ratification of international health and development commitments (such as the Beijing Declaration, ICPD 1994, etc) further illustrate the extent of state-level obligations to both protect and promote health and human development. 2.1.2 National laws addressing GBV The state-level obligations to international covenants and treaties have been translated into a number of national-level laws which seek to address GBV in Nepal. The national laws fall into four distinct categories: constitutional provisions, legal provisions, special laws and procedural provisions. Figure 2.1 highlights the main national laws which protect and promote the rights of women to live a life free of violence. Figure 2.1 Categories of national laws addressing GBV Source: MWCSW/UN Women/FWLD, 2012 � Various provisions of the Country Code, 2020 BS � Labor Act, 2048BS � Social Practices (Reform) Act, 2033 BS � Libel and Slander Act, 2016 BS � Some Public (Crime and Punishment) Act, 2027 BS � Children Act, 2048 BS � Police Act, 2012 BS � Local Self-governance Act, 2055 BS � National Woman Commission Act, 2063 � National Women Commission Rules, 2063 BS � Domestic Violence (Offence and Punishment) Act, 2066 BS � Domestic Violence (Offence and Punishment) Regulation, 2067 BS � Human Trafficking and Transportation (Control) Act, 2064 BS � Human Trafficking and Transportation (Control) Regulation, 2065BS � Gender Violence Elimination Fund (Operation) Rules, 2067 BS � Directives issued to control sexual exploitation against working women in workplace such as dance restaurant, dance bar, 2065 BS � Various provisions of the Country Code, 2020 BS � State Cases Act, 2049 B.S � Supreme Court Regulation, 2049 B.S � District Court Regulation, 2052 B.S � Appellate Court Regulation, 2048 B.S � The Procedural Guidelines for Protecting the Privacy of the Parties in the Proceedings of Special Types of Cases, 2064 Legal Provisions Procedural Provisions Special Laws � Interim Constitution of Nepal, 2063 BSConstitutional Provisions 2.1.3 Gaps in current laws Whilst these laws and provisions are detailed and thorough, there are, as with any legislation, some existing gaps in both definition and coverage. Appendix 1 is a detailed review of all existing laws and provisions addressing GBV and VAWG in Nepal. This Appendix includes a set of comprehensive recommendations for addressing the existing legal ‘gaps’ in Nepal.
  • 25. Tracking cases of Gender-based violence in Nepal 19 2.1.4 Implementation of laws and policies Laws and policies are, in general, only as effective as their mechanisms to ensure implementation, monitoring and evaluation. As part of our review of the legal and policy environment we looked at the policy mechanisms for implementation and which institutions would be held accountable for implementation. The results of this analysis are presented in Table 2.2. Table 2.2 Institutional accountability for implementation of existing laws addressing GBV Name of the Law Institutional Accountability Interim Constitution of Nepal, 2006 Executive, Legislature and the Judiciary Civil Code, 2020 Criminal offence related chapters are the responsibility of the Nepal Police to execute; some responsibility is rendered to the Government Attorney and the Court, other chapters by relevant branch of executive. Disability Protection and Welfare Act, 2039 Ministry of Women, Children and Social Welfare Law Relating to Legal Assistance, 2054 Ministry of Law, Justice and Parliamentary Affairs and Nepal Bar Association Some Public Offence(crime and punishment) Act, 2027 Police, Government Attorney and District Administration Office Defamation Law, 2016 Court(District, Appellate and Supreme court) Election(crime and punishment) Act, 2063 Election Commission and Political Parties Evidence Act, 2031 Courts, Attorney offices and the Police Police Act, 2012 Police and Home Ministry Law Relating to Children, 2048 Women, Children and Social Welfare Ministry Human Trafficking and Transportation Control Act, 2064 Police, government attorney and courts Torture Compensation Act, 2053 District Courts of the country Foreign employment Act, 2064 Ministry of Labour and Foreign Employment, Ministry of foreign Affairs, and ministry of Home Electronic Transaction Act, 2063 Ministry of Science, Technology and Environment, Police, Government Attorney and the court National Broadcasting Act, 2048 Ministry of Communication and Broadcasting Extradition Act, 2045 Ministry of Home, Foreign Affairs, Law, Justice and Parliamentary Affairs Local Autonomy Rule Act, 2055 Ministry of Local Development Social Behaviours Reform Act, 2028 Ministry of Home and Police Act Relating to State Cases,, 2049 Office of the Attorney General and the Nepal Police Motor Vehicles and Transportation Act, 2049 Ministry of Transportation and Foreign Employment and the Nepal Police Hotel Management and Control of Alcohol Product Sale, 2023 Nepal Police, District Administration National Women Commission Act, 2063 National Women Commission District Court Regulation, Appellate Court Regulation and Supreme Court Regulation Relevant Courts and higher level of Court to the relevant jurisdiction 2.2 Analysis of secondary data sources We identified four major sources of secondary data registering the burden of GBV against women in Nepal. Data sets varied widely both in their definitions of violence and in methods used to register
  • 26. Tracking cases of Gender-based violence in Nepal 20 cases, nonetheless the data provide some indication of trends with time within individual data sets. 2.2.1 Reporting within the Police system All District level police offices file reports of GBV cases to central police headquarters on a monthly basis. Table 2.3 indicates the total number of cases registered through this system in the past three years. The number of cases reported to the police increased from an annual tally of 1774 in 2009/10 to 3340 in 2011/12. The most commonly reported violence was domestic abuse (range = 55%-67%), followed by rape (17% to 21%). Women also reported polygamy (7-8%), attempted rape (5-6%) and trafficking (3-9%) to local police stations. Table 2.3 Police system reported number of gender-based violence cases 2009-2012 Type of violence 2009/10 (2066/67) 2010/11 (2067/68) 2011/12 (2068/69) N % N % N % Domestic violence 983 55.4 1355 57.2 2250 67.4 Rape 376 21.2 481 20.3 555 16.6 Trafficking 161 9.1 183 7.7 118 3.5 Polygamy 146 8.2 197 8.3 249 7.5 Attempted rape 101 5.7 151 6.4 156 4.6 Child marriage 7 0.4 3 0.1 12 0.4 Total 1774 100.0 2370 100.0 3340 100.0 Source: Police headquarter, Naxal, Kathmandu, Nepal In addition to national data, we were able to review the cases reported to local police stations –at the Women’s Police Cells of each study district. Data collection methods were not standardized across the six study Districts. Thus, for example, until recently Jhapa District police office did not have a separate category for reporting domestic violence. Nonetheless, a brief review of the data from each of the study Districts confirms the importance of domestic violence a key issue – see Table 2.4. Table 2.4 Number of gender-based violence cases reported at Women’s Police Cell by study districts in the last 12 months (2011/12) Types of violence Sindhupalchowk Kavre Dang Mahottari Domestic/Physical violence 45 105 68 26 Social violence - - 18 - Rape 3 4 10 4 Attempted rape - 2 5 - Murder/attempted murder - 6 - 28 Trafficking 2 - 1 2 Economic violence - - - 18 Mental torture/emotional abuse - - - 8 Polygamy 3 5 6 5 Kidnapped/missing - - - 4 Total 53 122 108 95 *Jhapa district police did not disaggregate data by types of violence until very recently, and data have therefore not been included in this Table.
  • 27. Tracking cases of Gender-based violence in Nepal 21 2.2.2 Reports to the National Women’s Commission Data were available for two years only at the National Women’s Commission which compiles aggregate numbers on the basis of cases reported to them.Again, the number of reported cases rose during the reporting period, but in both years of reporting the majority of cases related to domestic violence - see Table 2.5. Table 2.5 Number of gender-based violence cases reported to the National Women's Commission Type of violence 2010/2011 (2067/68) 2011/12(2068/69) Domestic violence 155 273 Rape 10 12 Murder - 30 Sexual violence/abuse 4 9 Trafficking - 3 Abandoned by the family 1 7 Economic violence 4 2 Mental torture/emotional abuse 9 21 Polygamy 4 4 Witchcraft accusation 2 1 Missing - 9 Total 189 371 Source: National Women's Commission, Kathmandu, Nepal 2.2.3 Reports to the Women’s Rehabilitation Centre and Informal Sector Service Centre At the national level, a total of 1581 cases of GBV were reported by the Women’sRehabilitation Centre (WOREC) and 648 cases were recorded by the Informal Sector Service Centre. In both cases the highest proportion of reported cases was attributed to domestic violence – see Tables 2.6 and 2.7. Table 2.6 Number of gender-based violence cases reported by WOREC in the past two years Type of violence 2010/2011 2011/12 Domestic violence 1002 1019 Social violence (witchcraft accusation, child marriage, dowry related violence, caste discrimination, emotional violence etc) 266 251 Rape/attempted rape 124 146 Sexual violence/abuse 64 63 Murder 47 28 Trafficking 23 25 Other (suicide, abandoned by the family, disappearance) 43 49 Total 1569 1581 Source: Anbeshi- a year book on violence against women 2011 and 2012, Women Rehabilitation Centre, Kathmandu Nepal
  • 28. Tracking cases of Gender-based violence in Nepal 22 Table 2.7 Number of gender-based violence cases reported by INSEC in the past two years Type of violence INSEC 2011 2012 Domestic /family violence 297 272 Rape/attempted rape 119 140 Polygamy 70 114 Witchcraft accusation 58 51 Trafficking/attempted trafficking 44 33 Sexual violence/abuse 30 31 Other (suicide, abandoned by the family, missing) - 7 Total 618 648 Source: Human Rights Year Book, 2011 and 2011, Informal Sector Service Centre (INSEC), Kathmandu, Nepal As noted, the identified data sources included data from a variety of different institutional sources, and there was no apparent consistency in definitions or reporting methods. Thus, making comparisons between findings either across data sets or across geographical sites (national versus district, for example) is fraught with methodological challenges. Despite this, there appears to be some consistency in the finding that the most commonly reported category of violence is “domestic violence” – an all-encompassing term that is in danger of lacking specificity. Sexual violence and rape were also reported commonly within all datasets, but some kinds of abuse, such as witchcraft or trafficking were not commonly recorded in these datasets. 2.3 Media content analysis 2.3.1 Quantitative findings A total of 825 GBV cases were recorded from our media review of the 2 years 2010 -11; the highest number of cases were related to sexual violence (23.7%), followed by domestic violence (16.2%), murder (12.2%), trafficking (11%), witchcraft accusation (9.9%), dowry-related violence (5.2%). In addition to case reports, there were 682 news stories covering the issues of violence against women in Nepal. These news reports focused on: sexual violence (18.5%);murder (16%); human trafficking (14.4%); domestic violence (9.1%); witchcraft accusation (4.8%) and other issues including chhaupadi, kamalari, polygamy, child marriage, etc. 2.3.2 Qualitative findings Much of the media coverage during the 2 year time period (2010-2011) gave simple accounts of activitiesunderwaytoaddressGBV–e.g.reportsfromrallies,workshops,campaignsetc.Thereporting of GBV cases was relatively factual and devoid of contextual analysis. Media reporting of policy and programmatic issues was notable by its absence. News reports are by their very nature short-term, and coverage of GBV cases was no exception. Stories were rarely able to achieve sustained coverage and often were not a high priority news event. Focusing on the 6 “emblematic” cases of women interviewed for this study, they were selected partly on the basis of the intensity of media interest. For the 6 women at least 35 news reports were covered in the print media - trafficking received the most media coverage (reported by different newspapers a total of 18 times) followed by accusation of witchcraft (newspaper coverage 6 times), domestic violence perpetrated by husband (4 times), rape (3 times), widow abuse (2 times) and dowry (2 times). Media coverage was, in general, supportive of the women, but descriptive reports very rarely tackled issues such as prevention, policy responses or accountability for redress. Though the media
  • 29. Tracking cases of Gender-based violence in Nepal 23 had the potential to cover the issues of women and VAWG, they did not seem to be considered as critical issues. For instance, we noted that these issues received relatively small amounts of physical space in the newspaper itself, and were generally on inside pages rather than constituting headline news. Moreover, we only found follow up coverage of one emblematic case – the case of witchcraft accusation in Dang. In-depth media reviews allowed us to identify potential “cases” meeting the inclusion criteria suggested by the Advisory Group at the first meeting (see page 7). These life histories of these “cases” (women who met the criteria for inclusion in the study) are explored in the next section. 2.4 Experiences of Violence – interviews with survivors of GBV 2.4.1 Socio-demographics The six women who met the inclusion criteria (see page 7) and agreed to be interviewed for this study came from a variety of social, ethnic and demographic backgrounds. The socio-demographic characteristics of each woman are illustrated in Table 2.10. Women ranged in age from 19 to 38 years, and had a wide spectrum of educational levels (from non-literate to Class 12). Four women were currently married, and there was one widow among the respondents. The youngest interviewee was unmarried. All women had suffered abuse at some point in the past 2 years. Table 2.8 Socio-demographic characteristics of six respondents Type of Violence Date Age Education Caste/ Ethnicity Marital Status Occupation District 1 Dowry Incident reported within past 2 years 32 Class 8 Brahmin Married Unemployed Mahottari 2 Sexual Violence Jan 2011 32 Illiterate Muslim Married Employed ; Sells vegetables in mobile vegeta- ble market Mahottari 3 Domestic Violence Sep 2011 23 Class 12 Dalit (Harijan) Married Unemployed Jhapa 4 Witchcraft Accusation May 2011 38 Illiterate at time of event but received informal education in recent years Dalit Married Employed; Works in agricultural Sector Dang 5 Widow Abuse Mar 2012 35 Class 8 Chettri Widow Employed; Working in a single women's organization Kavre 6 Trafficking Jul 2012 19 Illiterate at the time of trafficking but literate now Dalit Unmarried Employed; Working at a private company Sindhu- palchowk
  • 30. Tracking cases of Gender-based violence in Nepal 24 2.4.2 Knowledge of laws, policies and women’s rights to a violence-free life Given that knowledge of rights is a pre-requisite for actualization of those rights, women were asked about their knowledge of laws and policies which could be used to protect them from abuse. Many of the women had little or no knowledge of laws and policies which could protect them against violence: Interviewer: Do you know who is responsible to address gender based violence? Respondent: I don’t know. I: So you didn’t go to seek justice because you didn’t know where to go? R: Yes, I don’t know anything about law. I: So, do you know now? Where should you go for help if you face the same kind of violence? R: I don’t know. I don't even know how to reach there alone. I: You didn’t seek support from the law to seek justice? R: No. I: Why didn’t you? R: I don’t know. I am not allowed to go outside of the house. (Woman who had suffered domestic violence) "I don’t about laws. How do I know about it? A fool like me!" "How do I know about the law (laughing)? What is in the law? Where should I go? What should I do? I knew nothing. Then, how could I seek help from the law? I was not quite satisfied with the negotiation done by the villagers." (Woman who had been raped) However, once women have been exposed to the formal justice system and are aware of their rights, the perception among some of the women interviewed was that the system is potentially robust enough to protect them in the future: “I don’t have knowledge about particular laws but I have come to learn that one can get justice through legal procedure if she is physically or verbally abused. I have understood that such provisions have been mentioned in the law to protect our rights...” (Woman who has suffered widow abuse) 2.4.3 Root causes of violence Women identified a number of reasons driving levels of VAWG in Nepal. These ranged from poverty and lack of education through to underlying, and often culturally influenced, gender inequalities which perpetuate the low status of women and decrease women’s agency to act in their own best interests – for example by forcing girls to marry early, or through perceived cultural norms that act to disempower women and reduce their autonomy: "We were poor. We were many members at home. We didn’t have enough money for food and living. We have to earn our living through daily wages. We used to sell vegetables from a very young age. I was still a child when I got married." (Woman who suffered sexual violence)
  • 31. Tracking cases of Gender-based violence in Nepal 25 "I think violence against women is more prevalent in Nepal. For example; our society perceives that women should not do this, women cannot do it, there is no way that a woman can do it, etc. Everyone thinks that women cannot do anything. Our society thinks that only men are capable of doing everything… I don’t have idea about other countries but Nepal is a country where violence against women exists. Men are engaged into consuming alcohol and beating their wives…… There is lack of education among women due to which they don’t have any knowledge. …. we, women of Nepal, cannot even step out of our houses. People will start criticizing when we step out of our houses." (Woman who had been trafficked) 2.4.4 History of violence suffered and its consequences for women’s lives The six women were asked to describe the history of the violence that they had suffered, and to reflect on the circumstances in which the violence had occurred. Table 2.11 illustrates the women’s experiences of violence – outlining their explanations of both the reason for the violence and the circumstances which triggered the ‘emblematic’ acute episode of violence. Table 2.9 Review of women’s experiences of violence Case ID Type of Violence History of violence ‘Trigger’ of acute episode of violence 1 Dowry - Intense pressure to bring dowry and pre- arranged agreement to pay 2 lakhs 25,000 to husband's family prior to wedding but victim's father only paid 1 lakh - Suffered from frequent verbal and physical abuse from mother in law and husband (beatings and pulling on hair for not bringing enough dowry) - Accused by mother in law and sister in law of not knowing how to perform household chores (cooking, cleaning and not covering head with sari) - Husband and mother in law threaten to marry another woman Husband and parents in law used excuse that food had not been well prepared. 2 Sexual Violence - Forced to leave husband's home and abused both verbally and physically by villagers - Husband's death triggered reaction from husband's family members and villagers regarding division of assets, transfer of property and cash - Held responsible for husband's death by bringing misfortune to the house - Blamed for not having children from this marriage - Abused by husband's ex wife and villagers who wanted her to leave home and intervened due to fear that woman would bring first husband's sons and transfer property in their names Raped by two local men in the sugarcane fields one evening while returning to the village - rape seen as an attempt to coerce her to leave home and move away from the village following her husband's death.
  • 32. Tracking cases of Gender-based violence in Nepal 26 3 Domestic Violence - Husband unsatisfied with dowry; demanded TV and bicycle - Strong preference for son, further reinforced by mother and sisters in laws expectations, arguments exacerbated after birth of elder daughter - Husband living with wife and parents in law, mother in law arranged his job since he was unemployed Survivor prepared various food items sent by mother on festive occasion (whilst husband expressed frustration and drunken rage regarding role of in laws by lighting a match and using kerosene to set victim on fire 4 Witchcraft Accusation - Vulnerability of victim - husband working abroad in India, small children and no other family members who can look out for her Villagers ambushed her to attend gathering at sick woman's home, superstitious belief that failure to visit sick woman implied that she was guilty of witchcraft 5 Widow Abuse - Stigma of being a widow since husband's death - Verbally abused by in laws to leave home - Inherited small piece of land upon husband’s death, shared property with brother in law but no legal claim to home - Economic Hardship: Frequent arguments about money, son demanded half of victim’s salary earned through manual labour, which victim refused to give - Son physically abused her under influence of alcohol Son, in the company of villagers, accuse victim of an illicit affair with her uncle. Woman verbally and physically abused for having an “immoral” character/ condemned for being a “loose woman”. 6 Trafficking - Perpetrator urged victim to travel abroad to support family financially (mentioned family’s economic condition and dilapidated house) - Trickedvictimintoreturningtothevillageciting mother’s ill health and deceiving her with false promise of offering her a job opportunity in India (said his own daughter had been working in India for 5 months and sent him money frequently) - Perpetrator took responsibility for preparing passport and providing travel passage across the border, victim only came to know she had been duped into sex trafficking upon reaching brothel in Agra Smuggled her across the border in a van under the guise of visiting sister and bribing officers; tricked 5 girls, one of whom is the daughter of one of the perpetrators, 3 perpetrators in the sex trafficking ring (Dawa, Bajir and girl’s father) The six women in the study generally suffered abuse from people within their own family and community. Two women suffered violence (domestic violence and dowry-related violence) from their husbands, three were abused by members of their community, and 2 women (accusations of witchcraft and widow abuse) were abused by their own children (along with others). Abuse from family members (particularly husbands) was often long-term, and only when women suffered an acute and severe episode of abuse did they seek any kind of external help. Thus, the woman who suffered violence related to unmet dowry ‘expectations’ noted that the abuse started shortly after marriage: “It was actually because of too little dowry, and soon with 2/3 months after our marriage, we started to live in Kerkha. So, he used to pick fights saying, “You are living near your parents”, may be my husband felt he could not collect property as he expected to."
  • 33. Tracking cases of Gender-based violence in Nepal 27 The abuse became worse when she gave birth to a daughter: "He used to prefer son as always, while I was pregnant. After delivery he stopped talking to me because I gave birth to a baby girl. Then it was just a point for him to start his arguments. He started from the hospital." After years of prolonged abuse, the woman only received care when forced to by the severity of her physical injuries: "When the fire struck me, I really suffered. It was burning so badly and it hurt and I was shouting and screaming. He was just there sitting on the bed watching me burn and he was enjoying his drinks. I could see him watching, I was screaming at him, but all the doors were locked, I did not realize that he had covered the open area with a bed sheet. When everyone started to kick and break open the door only then did he open the door. But, by the time he opened the door, I was already unconscious. Later, the house owner and the rest of the community people took me to the hospital." Women who lacked social and domestic support described their vulnerability to abuse from the wider community. Thus, the women who were widows became vulnerable to abuse from their children (who wanted access to inheritance and property) and from members of their village (again using a property dispute as the pretext for violence). The sense of isolation and powerlessness was summed up by one of the women who had suffered abuse as a widow: " I didn’t have any idea because nobody in the community was on my side to help. It was dark and I had nowhere to go. I was very scared because I was alone. I accepted the accusation because everybody was on their side and there was no one to support me." (Woman who was a widow) The fear of social isolation and societal discrimination was further summed up during interviews with another woman (widowed at the time of the abuse, but now remarried) "When my husband fell sick, we came back to village where he died. After his death, the villagers blamed me for killing my husband and also pointed out that now that I am a single woman, I will ruin the village. They say that single woman like me should not stay in the village and forced me to run away. They feared that if I didn't leave the village, I may bring my former husband's sons and give this property to them. This was the main reason why my husband’s ex wife (sauta) wanted me to leave. So she and the villagers jointly threatened me, abused me and warned me to leave the village." (Women who was a widow when abused) Consequences of violence ranged from physical ill-health through to social isolation. The woman who had suffered sexual violence described the sense of shame and stigma associated with her experience, and expressed concern that she would be ostracized from her own community. "I was scared if anyone would come to know about it and expel me from home. So I didn’t dare to tell anyone. I found out the next day in the village that there was already a rumor about this incident. I was so surprised and felt ashamed and full of fear too. Then later I found that a person from the same village had seen me while I was being forcefully raped by these men. In spite of all this, I stayed there and endured everything." (Woman who was sexually abused)
  • 34. Tracking cases of Gender-based violence in Nepal 28 2.4.5 Coping and care-seeking A major component of the interviews with women was to understand patterns of care-seeking and how the women had coped with the abuse inflicted upon them. Women were asked about their immediate source of care and support, as well as the longer term support mechanisms they had engaged with. The immediate source of support for 2 of the women was with the health services– for women had been badly burnt or otherwise injured and required medical treatment. Two other women sought care from the Women’s Human Rights defender and a local shelter – in one case this led to being referred to the police. However, even when women sought care from formal support mechanisms, this did not always result in institutional action. Thus, the woman who had suffered sexual violence within her own village was advised by the police to accept the verdict of a village committee and take compensation (half of which was withheld by the same village committee for “community improvement”): “The villagers and the leaders insisted that it is an issue for the village to deal with, so it should not get out of the village and it should be settled in the village itself. They say that it was a matter of guarding the prestige of their village. If the matter goes to the police and the court, the whole village will be in shame. So it should be managed in the village anyhow. Police officers were also present. But the villagers too talk with the police officers and asked them not to take this case to the police office. And then police asked me what I want to do. The police officer said that in the opinion of the village they want to handle the case through a local village meeting. I was not in the position to say anything because I could not go against the villagers. So I told the police officer that I will accept the decision taken at the village meeting.” (Woman who was sexually abused) The widow accused of “being a loose woman”also did not receive help from the police: "Police didn’t give me any support though I was alone. They said that I should be beaten with water and wild. Instead of support, they made bad remarks about me and used such words that discouraged me to seek help from any police station in the coming future. I never expected such behavior from them but they treated me like that." (Woman who was a widow) The woman who had been trafficked to India but managed to return to Nepal, was assisted in her care-seeking with the support of her cousin (who had also previously been trafficked and had filed a police report). Her first point of contact with care services was with an NGO (Shakti Samuha) who provided her with support services, referred her to the police and put her in touch with legal representation. This NGO was also the only service noted to provide any type of counseling service for the women interviewed. After many months the perpetrator of the trafficking was sentenced to 170 years imprisonment. In other cases, however, women who had not received satisfactory levels of care from the police or other institutions found support from their own families, the NGO sector, local women’s human rights defenders and the Women’s Rehabilitation Centre (WOREC – an NGO). 2.4.6 Barriers to care-seeking Interviews identified a number of barriers to receiving care. We have conceptualized these into two distinct categories – barriers relating to the individual woman, and barriers relating to the support services themselves. This categorization fits with well-established frameworks to define health care seeking behavior patterns and outcomes of health service utilization (e.g. see Aday and Andersen 1974, or Ajzen, 1991).
  • 35. Tracking cases of Gender-based violence in Nepal 29 • Barriers among women themselves As noted above, access to care – i.e. seeking the formal support to which women are entitled – first of all relies upon women knowing that the services are available to them. In some cases, the absence of any knowledge about where to go, and who to turn to for help, was the most important barrier to women’s care-seeking: “I didn’t have any idea where to go and where to seek help. I was scared on the part about how to go and how to report. I was worried they would humiliate me.” (Woman who suffered sexual violence) For other women, their stated rationale for not seeking care lay in perceptions of negative outcomes for those around her if she seeks care. The woman who had suffered domestic violence from her spouse indicated that fear of bringing ‘shame’ on her family had held her back from seeking care; while the victim of severe sexual assault was concerned about how her community would be perceived in the future: “I have talked with my father and brother. They just keep quiet and ask me to keep quiet….I just endure everything because it would harm the reputation of the family.” (Woman who suffered domestic violence) “I was scared on the part about how to go and how to report. ….The villagers were saying that the issue of the village should not go outside” (Woman who suffered sexual assault ) • Barriers at the level of the support services Women identified constraints within the support services – particularly police services - as being barriers to care seeking. These constraints ranged from perceptions around the [poor] quality of care that women might receive, to concerns around the futility of care-seeking in an unsupportive environment: “People say not to go. Because they say that police don’t help. I too feel the same. They don’t help. Because other people think so, so I believe the same.” (Woman who suffered domestic violence) “I was worried they would humiliate me [if she sought care from support services]” (Woman who suffered sexual assault) Moreover, when women do actually overcome individual and institutional barriers to care-seeking, they are not guaranteed a supportive environment from the care services themselves. For example, the widow who had been abused met with hostility when she finally reached a police station: “I tried to give an explanation about my innocence but policemen didn’t listen to me. Rather they were also accusing me. Policemen were commenting bad words to me.” (Widow who had been abused) In summary, women had varied and differing pathways of care seeking. They did not cite one single source of care and support but received multiple inputs. In some cases women did not receive the care to which they are entitled under Nepali law, or were actively blocked from pursuing justice. A mixed picture of support offered and accessed emerges from these interviews: women are often unaware of the services available to them, fear lack of support from the services, and even when they